Nikhil Kumar Garg VS Gardenview Abode Private Limited

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

BINOY KUMAR, SUDIP AHLUWALIA
Nikhil Kumar Garg – Appellant
Versus
Gardenview Abode Private Limited – Respondent

Advocates:
Counsel for the Parties:
For the Complainant:Mr. Aditya Parolia, Advocate, Ms. Sumbul Ismail, Advocate, Ms. Ishita Singh, Advocate
For the Opp. Party:Mr. Shekhar G. Devasa, Advocate, Mr. Thashmitha Muthanna, Advocate, Mr. Shashi Bhushan Nagar, Advocate

ORDER

Sudip Ahluwalia, Member—This Consumer Complaint has been filed by Complainants namely Nikhil Kumar Garg and Nidhi Tayal (hereinafter together referred as ‘Complainants’) under Section 21 r/w section 12(1)(a) of the Consumer Protection Act 1986, against M/s Gardenview Abode Pvt. Ltd., seeking refund of the entire amount collected by the Opposite Party from the Complainants towards consideration of the dwelling Unit along with other ancillary reliefs.

2. The brief facts leading upto the Complaint are that the Complainants made a joint booking in a project being developed by the Opposite Party namely ‘Mantri Blossom’ situated at Lalbagh Fort Road, Sudhama Nagar, Bangalore (hereinafter referred as ‘Project’). They were allotted unit bearing no.-D-1003, 10th Floor, Buiding D, admeasuring a super build up area of 2700 sq. ft. The opposite Party executed the Construction Agreement dated 29.06.2016 with the Complainants. The Complainants averred that sale price of the unit was Rs. 2,61,50,000/- excluding tax and other charges. However, the Opposite Party claimed the basic cost of the Unit to be Rs.2,70,19,020 excluding deposit, statutory and other charges.

3. The Complainants have fu