V. N. Sharma Builders Private Limited VS Ram Tirath Gupta

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

SADHNA SHANKER
V. N. Sharma Builders Private Limited – Appellant
Versus
Ram Tirath Gupta – Respondent

Advocates:
Counsel for the Parties:
For the Appellant:Mr. Dinesh Maurya and Mr. G.S. Sandhu, Advocate
For the Respondent:Mr. Deepak Kumar Garg, Advocate

ORDER

These cross appeals have been filed under Section 19 of the Consumer Protection Act, 1986 (hereinafter referred to as “the Act”) against the Order dated 18.09.2019 passed by the State Consumer Disputes Redressal Commission, Punjab, Chandigarh (hereinafter to be referred to as “State Commission) in complaint No. 99 of 2019, whereby the complaint of the complainant was partly allowed.

2. The appellant (here-in-after referred to as ‘the complainant’) has filed appeal no. 2327 of 2019 for enhancement of compensation whereas M/s V. N. Sharma Builders Private Limited (here-in-after referred to as the ‘builder company’) has filed appeal no. 2074 of 2019 for setting aside the order dated 18.09.2019 of the State Commission.

3. The brief facts of the case are that on 12.05.2011 the complainant applied for the allotment of a flat in the project namely “Savitry Greens,” of the builder company along with Rs. 2,25,000/- as earnest money. The builder company allotted flat No.1201/Block 15, 12th Floor, having a super area of approximately 1360 sq. ft., within Savitry Greens, located on VIP Road, Zirakpur. The total consideration of the flat was Rs.36,29,600/-. It is alleged that after receiving