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2025 Supreme(Online)(CS) 30774

CONSUMER STATE
Mukesh V. Sharma, Presiding Member, Poonam V. Maharshi, Member
Vivek Saxena – Appellant
Versus
ERA Realtors Pvt. Ltd. – Respondent


Advocates:
For the Complainant:Advocate Sulaiman Bhimani
For the Opposite Party:Advocate Kinjay Upadhyay, Advocate Jayesh Vyas

Table of Content
1. final order mandates possession and compensation. (Para 1 , 2 , 3 , 4 , 5)
2. opponents argue limitation and contractual obligations. (Para 6)
3. court examines fulfillment of contractual commitments and issues. (Para 7 , 8 , 9 , 10 , 11 , 12)
4. court's findings emphasize ongoing liability for delays and misleading advertising. (Para 13 , 14)

JUDGMENT

(29-07-2025)

Per: Hon’ble Ms. Poonam V. Maharshi, Member

1. The Complainants has filed the present Consumer Complaint under Section 47 read with Section 2 (6) of the Consumer Protection Act, 2019 , seeking reliefs against the Opposite Parties for deficiency in service and unfair trade practices. The Opposite Party No. 1 is the Promoter and Opposite Party No. 2 is the absolute Land owner and both are engaged in the business of construction & development of land. The opposite party no.3 is the Real Estate Agent duly Registered under RERA website Page ALTA MONTE —TOWER B.

2. The case of Complainants in short is that the complainants are residents of Mumbai, were desirous having a flat in Mumbai received a E mail from Opposite party no.3 reffering themselves as agents for the project ALTA MONTE after discussion and perusing


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