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2024 Supreme(Online)(NCDRC) 788

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
M/S. EMAAR MGF LAND LTD. – Appellant
Versus
SURINDER KUMAR PUNCHHI & ANR. – Respondent


Advocates:
For the Petitioner: MR. ARJUN JAIN
For the Respondent: MR. RAKTIM GOGOI, KARTIKEYA SINGH & SUMIT SINGH

ORDER

DR. SADHNA SHANKER, MEMBER

1.   The present appeal has been filed under Section 19 of the Consumer Protection Act, 1986 (hereinafter referred to as ‘the Act’) by M/s Emaar MGF Land Ltd. (hereinafter referred to as the ‘builder’) assailing the Order dated 05.11.2018 passed by the State Consumer Disputes Redressal Commission, (hereinafter to be referred to as ‘State Commission’) in complaint no. 492 of 2017 whereby the complaint was allowed.

2.       There is a delay of 185 days in filing the present appeal by the builder.

In the interest of justice and considering the reasons mentioned in the application for condonation of delay, the delay in filing the appeal is condoned.

3.       The relevant facts of the case are that on 09.09.2008, one Shri Sumit Punchhi (hereinafter referred to as the ‘original allottee’) applied for booking an apartment admeasuring 1920 square ft. bearing no. E-502 in "The Meadows", Sector 76, Gurugram, Haryana, for a total consideration of Rs. 65,15,280/-. Vide allotment letter dated 23.09.2008, the builder allotted the said apartment to the original allottee. The original allottee vide application dated 03.12.2009 requested the builder to change the unit fr

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