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2022 Supreme(Online)(NCDRC) 1355

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
Subhash Chandra, Presiding Member
B. Rudragouda – Appellant
Versus
M/S. Godrej Buildwell Pvt. Ltd. – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Jeevesh Nagrath, Mr. Sameer Abhyankar, Ms. Nish S, Ms. Kirti Mermar
For the Respondents: Mr. Sudhir K Makkar, Mr. Kapil Madan, Ms. Ramya Verma, Ms. Yogita Rathore

Table of Content
1. consumer seeks compensation for delayed possession. (Para 1 , 4)
2. arguments on force majeure and liability. (Para 8 , 10 , 12)
3. consumer rights to seek compensation established. (Para 13 , 20)
4. delay in possession deemed unjustified. (Para 19 , 22 , 23)
5. court's final orders and rulings. (Para 26 , 30 , 34)
ORDER

PER MR SUBHASH CHANDRA, PRESIDING MEMBER

This consumer complaint has been filed under section 21 (1) (a) of the Consumer Protection Act, 1986 (in short, ‘the Act’) against the opposite party M/s Godrej Buildwell Pvt., Ltd., alleging deficiency in service and unfair trade practice in respect of the apartment booked by the complainants in a project promoted and executed by the opposite party.

2. By this common order, all the above-mentioned complaints are proposed to be disposed since the complaints relate to the same project ‘Godrej Platinum’ of the same opposite party viz., – M/s Godrej Buildwell Pvt. Ltd., and involve the same set of facts. For the sake of convenience, the facts are taken from CC no.3796 of 2017.

3. The facts, in brief, are that on 09.10.2013 the complainant entered into an Agreement to Sell (in short, ‘the Agreement’) relating

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