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2023 Supreme(Online)(NCDRC) 1491

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
POONAM LADIA – Appellant
Versus
M/S. JAIPRAKASH ASSOCIATES LIMITED – Respondent


Advocates:
For the Petitioner: MR. APURV SINGHVI & SATYENDRA KUMAR
For the Respondent: MR. VISHAL GUPTA & MR. KUMAR MIHIR

ORDER

A.P. SAHI, J, PRESIDENT 

1.       These are two consumer complaints where the complainants have come up contending that the opposite party has failed to deliver possession of the premises in question in the project developed by the opposite party known as “Knights Court” at Jaypee Greens, Noida, U.P., in spite of a payment of Rs.1,10,47,424/- and Rs.1,10,45,586/- respectively for which the complainants had also taken loans from the HDFC Bank.  The allotment letter dated 29.11.2010 promised possession approximately in 36 months, i.e. by 28.11.2013.  The opposite party however informed the complainants on 06.09.2014 that the possession would be delivered by November, 2015.  The letter admitting delay and promising payment of delay compensation is extracted hereunder:-

“You shall however be entitled to delay compensation for the delay beyond the scheduled period of delivery as per the provisions of Standard Terms and Conditions.”

 

2.       The complaints were filed on 01.02.2016 alleging deficiency in service/unfair trade practice and seeking delivery of possession together with damages and interest thereon.

3.       A written statement was filed admitting allotment and the construc

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