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S.SAGHIR AHMAD, D.P.WADHWA
TULIP PARK CO-OPERATIVE HOUSING SOCIETY LTD. – Appellant
Versus
SAI OVERSEAS IMPORT & EXPORT – Respondent


Counsel for the Parties :
For the Appellant :Mr. S.S. Jawali, Sr. Adv. with Mr. Rustom B. Hathikhanawala, Advocates.
For the Respondent:Mr. Joseph Vellapally, Sr. Adv. with Mr. R. Narain, Mr. Ashok Sagar, Ms. Punita Singh & Mr. Amitabh Marwah, Advocates.

JUDGMENT

D.P. Wadhwa, J.—Appellant was Complainant before the National Consumer Disputes Redressal Commission (for short ‘National Commission’). Proceedings were initiated under the Consumer Protection Act, 1986, under which National Commission has been constituted to entertain complaints where value of the goods or services and compensation, if any, claimed exceeds Rs. 20 lacs. National Commission is also an Appellate Authority. It hears the appeals from orders of the State Commission.

2. The complainant, a co-operative housing society, had complained short-fall in services rendered by the respondent, a builder and developer, which had agreed to construct and sell 64 flats to the complainant in a building called Tulip Park. The complainant is not happy with the order dated June 21,1996 of the National Commission in one aspect and it is that while under the agreement dated May 10, 1990 respondent had agreed to construct the flats having total saleable area measuring 34,361 sq. ft. at the rate of Rs. 630/- per sq. ft. but the saleable area actually measured comes to 29,788.34 sq. ft. There being thus short-fall of 4,572.66 sq. ft. in the constructed area. Since complainant had paid th










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