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2019 Supreme(Online)(SC) 1896

SUPREME COURT OF INDIA
Dr. Dhananjaya Y. Chandrachud, Hemant Gupta, JJ
KOLKATA WEST INTERNATIONAL CITY PVT LTD – Appellant
Versus
DEVASIS RUDRA – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Ravinder Narain, Mr. Siddharth Banthia, Mr. Rajat Gava, Mr. Rajan Narain
For the Respondents: Mr. Supriya Bose, Mr. Debajyoti Deb, Mr. Subhasish Bhowmick, Ms. Goldy Goyel

Dr. Dhananjaya Y. Chandrachud, J.

Leave granted.

This appeal arises from the judgment dated 21 November

2016 of the National Consumer Disputes Redressal Commission, REPORTABLE A Buyer’s Agreement dated 2 July 2007 was entered into between the appellant and the respondent.

The respondent paid an amount of Rs 39,29,280 in 2006 in terms of a letter of allotment dated 20 September 2006. The agreement between the parties envisaged that the appellant would hand over possession of a Row House to the respondent by 31 December 2008 with a grace period of a further six months ending on 30 June 2009.

Signature Not Verified The respondent filed a consumer complaint before the West

Digitally signed by MANISH SETHI Date: 2019.04.27

Reason:

1 “NCDRC” 2 “SCDRC”

praying for possession of the Row House and in the alternative for the refund of the amount paid to the developer together with interest at 12% per annum. Compensation of Rs 20 lakhs was also claimed.

The SCDRC allowed the complaint by directing the appellant to refund the moneys paid by the respondent together with interest at 12% per annum and compensation of Rs 5 lakhs. The NCDRC has modified this order by reducing the compensation from Rs 5 lakhs

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