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SUBHASH CHANDRA
Manisha Kaushal – Appellant
Versus
S. V. P. Builders (India) Ltd. – Respondent


Advocates:
Counsel for the Parties:
For the Complainant:Mr. Dilip Poolakoot, Advocate
For the Opp. Party:Mr. P K Jha, Advocate with Mr. Shivam Tyagi, Advocate

ORDER

This complaint under section 21 of the Consumer Protection Act, 1986 (in short, the ‘Act’) has been filed against the opposite party alleging deficiency in service in delay in handing over possession of the flats booked by the complainants in the project ‘Gulmohar Gardens’ at NH-58, Raj Nagar Extension, Noor Nagar, Ghaziabad promoted and executed by the opposite party. The complainants filed a joint complaint under section 12(1)(c) of the Act since they were all allottees of flats in the same project and had identical grievances and prayers for relief.

2. The facts, as per the complainants, are that pursuant to the launching of the scheme by the opposite party, they booked flats and made advance payment as per the payment plan. The brochure for the flats promised flats of good quality construction to be available for possession in June 2010, with a grace period of 2-3 months. Identical allotment letters were issued to all complainants who made payments as per a construction linked plan. However the pace of progress was extremely slow and despite follow up by complainants

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