B.C.GUPTA, S.M.KANTIKAR
Rakesh Anand – Appellant
Versus
Royal Empires (Royal Minaar) – Respondent
Dr. B.C. Gupta, Presiding Member—This appeal has been filed under section 19 read with section 21(a)(ii) of the Consumer Protection Act, 1986, against the impugned order dated 05.09.2016, passed by the Punjab State Consumer Disputes Redressal Commission, Chandigarh (hereinafter referred to as “the State Commission”) in Consumer Complaint No. 29/2014, Rakesh Anand & Anr. vs. M/s. Royale Empires (Royale Minaar), filed before them by the appellants/complainants vide which, the said complaint was ordered to be dismissed.
2. Briefly stated, the facts of the case are that the appellants/complainants, who are husband and wife, filed consumer complaint no. 29/2014 before the State Commission, saying that they had booked a built-up 3 BHK flat, having covered area of 1495 sq. ft. and super area of 1850 sq. ft. with total sale consideration of Rs. 45 lakhs with the opposite party (OP) builder and paid the booking amount of Rs. 8,60,000/- to them on 27.05.2011. The flat no. 503, Block ‘A’ was allotted to them vide allotment number dated 29.05.2011 and an ‘agreement to sell’ was also executed between the parties, according to which, time was the essence of contract and the possession of t
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