Godrej Projects Development Limited vs Anil Karlekar

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(SC) 264

B. R. GAVAI, S. V. N. BHATTI
Godrej Projects Development Limited – Appellant
Versus
Anil Karlekar – Respondent

Advocates appeared:
For the Appellant(s) : Mr. Dhruv Mehta, Sr. Adv. Mr. Kapil Madan, Adv. Mr. Saurabh Gauba, Adv. Mr. Akshit Narula, Adv. Mr. Shailendra Pratap Singh, Adv. Mr. Randhir Kumar Ojha, AOR Ms. Surabhi Kapur, Adv.
For the Respondent(s): Mr. Ashwarya Sinha, AOR Mr. Aditya Malhotra, Adv.

JUDGMENT :

B.R. GAVAI, J.

1. The present appeal takes exception to the final judgment and order dated 25th October, 2022 passed in Consumer Complaint No. 262 of 2018, whereby the National Consumer Disputes Redressal Commission (hereinafter, “NCDRC”) disposed of the Consumer Complaint filed by the Respondents No. 1 and 2 (hereinafter referred to as, “Complainants” or “Respondents”) thereby directing the Appellant to deduct only 10% of the Basic Sale Price (“BSP” for short) towards cancellation of the Complainants’ Apartment and refund the balance amount along with simple interest @ 6% per annum from the date of each payment till the date of refund. Aggrieved thereby, the present appeal has been filed under Section 23 of Consumer Protection Act, 1986.

2. The facts, in brief, giving rise to the present appeal are as given below.

2.1 On 10th January, 2014 the Complainants had booked an Apartment with the Appellant in the project by the name “Godrej Summit” situated at Sector 104, Gurgaon, Haryana by an Application Form and submitted Rs. 10,00,000/- as application money.

2.2 On 20th June, 2014 by an allotment letter, the Appellant allotted an Apartment being Apartment No. C-1501 on the 14th