JUDGMENT

AVM J. RAJENDRA, AVSM VSM (Retd.), MEMBER

1. This Appeal is filed by the OP under Section 51 of the Consumer Protection Act, 2019 (“the Act”), against the State Consumer Disputes Redressal Commission, Lucknow (“State Commission”) Order dated 21.12.2022 in CC No. 143/2020, partly allowing the Complaint.

2. For convenience, the parties in the present matter are being referred to as per position held in the Consumer Complaint.

3. The brief facts of the case are that the Complainants entered into an agreement to purchase Flat No. C-1401, measuring 2,535 square feet, valued at Rs.3,02,14,665 in the 'TATA Gurgaon Gateway Project,' located in Sector 112/113, Gurgaon, developed by OP on 07.06.2014. At the time of booking, the Complainants deposited a token amount of Rs.10,00,000, following which an agreement to sell was executed between the Complainants and M/s. Lemon Tree Land and Developers Pvt. Ltd. (now known as M/s. Sector-113 Gatevida Developers Pvt. Ltd.). The primary consideration influencing the Complainants' decision to purchase the said property was the OP’s assurance that the Dwarka Expressway would be constructed adjacent to the project and would be completed by 201