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2022 Supreme(Online)(NCDRC) 1319

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
MR. JUSTICE RAM SURAT RAM MAURYA, PRESIDING MEMBER, DR. INDER JIT SINGH, MEMBER
SHEKHAR SETHU & ANR. – Appellant
Versus
M/S. EMAAR MGF LAND LIMITED & ORS. – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Shushil Kaushik, Ms. Himanshi Singh, Mr. Karan S. Negi
For the Respondents: Mr. Sunil Mund, Mr. Pragalbh Bhardwaj

Table of Content
1. definition of consumers and applicability of consumer protection laws. (Para 1 , 6 , 7 , 8)
2. delayed possession due to construction issues. (Para 2 , 3 , 4)
3. entitlement to interest as compensation for delay in possession. (Para 9 , 10 , 11)
ORDER

1. Heard Mr. Shushil Kaushik, Advocate, for the complainants, Mr. Sunil Mund, Advocate, for opposite parties-1 & 2 and Mr. Pragalbh Bhardwaj, Advocate, for opposite party-3.

2. Shekhar Shethu and Smrita Jain have filed above complaint, for directing the opposite parties to (i) handover possession of apartment No. TDP-F-F06-602, complete in all respect as per specification and execute conveyance deed in favour of the complainants; (ii) pay compensation for delayed possession in the form of interest @12% per annum on the deposit of the complainants from due date of possession till handing over possession, (iii) exempt the complainants from paying the escalation in cost including enhanced service tax, (iv) pay Rs.5/- lacs, as compensation for mental agony and harassment and litigation cost; and (v) any other relief which is deemed fit and proper in the facts and circumstances of the case.

3. The complainants s

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