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NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
SUDIP AHLUWALIA, MEMBER, DR. SADHNA SHANKER, MEMBER
RAJESH KUMAR JAIN & ANR. – Appellant
Versus
M/S. IMPERIA STRUCTURES LTD. – Respondent
| Table of Content |
|---|
| 1. failure to deliver possession as promised. (Para 1 , 2 , 4) |
| 2. jurisdiction issues regarding consumer rights in disputes. (Para 5 , 6 , 13) |
| 3. judicial precedents regarding consumer protection and builder obligations. (Para 14 , 15 , 19) |
| 4. mandatory refund and compensation due to non-compliance from builders. (Para 20 , 21) |
ORDER
JUSTICE SUDIP AHLUWALIA, MEMBER
This Consumer Complaint has been filed under Section 21 (a)(i) of the Consumer Protection Act, 1986 , seeking refund from the Opposite Party along with other ancillary reliefs.
2. The factual background, in brief, is that the Complainants were induced to invest in the Opposite Party’s housing project “Esfera” located at Sector 37-C, Gurugram, Haryana, based on widespread promotional activities undertaken by the Opposite Party. These included advertisements and representations made through print and electronic media, roadside hoardings, pamphlets, and messengers, containing false assurances and promises of timely possession and high returns. Enticed by these representations, the Complainants applied for allotment of Apartment No. A-203, admeasuring 2,400 sq. ft., in Block A of the project, along with one parking
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