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NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI
R.K. Agrawal, CJ
Mohit Seth v. Sunworld Residency Pvt. Ltd.
| Table of Content |
|---|
| 1. case revolves around cancellation of housing flat due to non-completion. (Para 1 , 6 , 7) |
| 2. arguments on consumer status and basis for refund claims. (Para 2 , 3 , 4 , 9) |
| 3. court observations on agreements and responsibilities of parties. (Para 5 , 8 , 10) |
| 4. determination of contractual obligations and consumer rights. (Para 11 , 12) |
| 5. final ruling on refund and interest directed at builder. (Para 16) |
1. The case of the complainants in brief is that they were aspiring of owning a house of their own and impressed by the advertisement claim of Opposite Party No. 1 / Builder, they had booked a flat for themselves. They were also informed by opposite party No. 1 during interaction that opposite party No. 2, HDFC, has approved the said housing project and was offering loans to the prospective home buyers. Impressed by the impressive promise made by the opposite parties, the complainants booked a flat in the housing project, called, 'Sunworld Arista' located at Sector 168, Plot No. GH - lC, Noida Expressway, Noida, Uttar Pradesh. The total consideration price of the said flat was Rs.1,36,76,375. The complainants entered into a Builder Buyer Agreement with opposite party
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