Elegant Builders VS Uma V. Narayan

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

SUBHASH CHANDRA
Elegant Builders – Appellant
Versus
Uma V. Narayan – Respondent

Advocates:
Counsel for the Parties:
For the Appellant:Mr. K Maruti Rao, Advocate (VC)
For the Respondents: Mr. S Srinivasan, in Person

ORDER

This First Appeal under Section 58(1) of the Consumer Protection Act, 2019 (in short, ‘the Act’) challenges the order of the Karnataka State Consumer Disputes Redressal Commission, Bengaluru (in short, ‘the State Commission’) in Consumer Complaint no.1, 880 of 2008 dated 30.07.2021. It is seen that FA nos.881 and 882 of 2021 also emanate from the same order. Hence, all the three FAs are proposed to be disposed of through a common order, in view of the fact that the facts of the First Appeals are similar and also the fact that they agitate common grievances. For reasons of convenience, the facts of the case are taken from FA no.880 of 2021.

2. For the reasons stated in the application for condonation of delay along with the First Appeal filed, the delay of 6 days in filing this appeal is condoned.

3. We have heard the learned counsel for both the parties and have carefully perused the material on record.

4. The relevant facts of this case are that the respondent had booked a flat being constructed by the appellant who is a builder. A flat was booked in the project of Elegant Builders and an Agreement of Sale dated 21.03.2007 was executed. The building plan was sanctioned on 28

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