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B.C.GUPTA, S.M.KANTIKAR
EMAAR MGF LAND LTD. – Appellant
Versus
GAGAN GUPTA – Respondent


Advocates Appeared:
Aditya Narain, Advocate, Anushree Narain, Advocate, Arjun Jain, Advocate, Gaurav Chopra, Advocate, Arindam Ghose, Advocate, Suruchi Suri, Advocate

JUDGMENT/ORDER :

S. M. Kantikar, Member

1. This appeal has been filed under Section 19 of the Consumer Protection Act, 1986 against the order dated 21.8.2015 passed in complaint case No. 105 of 2015 by U.T. Chandigarh State Consumer Disputes Redressal Commission (for short, 'the State Commission') whereby the complaint of the complainants was allowed; the OP 1 and 2 were directed to refund the amount of Rs.39,37,941/- to the complainants, alongwith interest @ 12% per annum from the respective dates of deposits onwards. OPs were also directed to pay compensation in the sum of Rs.1,50,000/- towards mental agony and physical harassment with costs of Rs.20,000/-.

2. The brief facts relevant to dispose of this appeal are that the complainants, Simi Gupta and Gagan Gupta booked a residential apartment in the upcoming project "The Views" of M/s Emaaar MGF Land Limited in Mohali. The basic sale price of said apartment was Rs.36,48,105/-. Apart from this, the complainants were required to pay Rs.1,50,000/- for parking bay, Rs.1,51,619/- towards External Development Charges (EDC), Rs.1,18,800/- towards preferential location charges and Rs.13,500/- towards maintenance charges. Accordingly, the b

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