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2022 Supreme(Online)(NCDRC) 1392

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
MRS. JUSTICE DEEPA SHARMA, PRESIDING MEMBER
MANOHAR INFRASTRUCTURE & CONSTRUCTIONS PVT. LTD. – Appellant
Versus
PAWAN KUMAR – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Pawan Kumar Ray
For the Respondents:Mr. Anant Agarwal, Advocate Proxy

ORDER

The present Appeal has been filed against the order dated 26.03.2018 in CC No. 434 of 2017.

2. The brief admitted facts of the case are that Appellant had advertised a project under the name and style of Palm Garden situated at Mullanpur Garibdas, New Chandigarh, Punjab for sale of 250 sq.yds. of residential plot at basic sale price of Rs.46,25,000/-. The complainant is the subsequent purchaser. On various dates, undisputedly, the complainant had paid a sum of Rs.30,06,250/- to the Appellant but no residential plot had been allotted to him despite waiting for several years. The complainant learnt that at the time when the project was advertised, the Appellant did not have requisite permission from the concerned authorities to sell the plot and being aggrieved, he filed the complaint.

3. In its written version, the Appellant had not disputed that at the time when the project was launched and the application for residential plots were invited, they did not have the requisite permission from PAPRA and it was granted to them in the year 2017. It was, however, contended before the State Commission that since the permission had been granted and relate back to the original date and, th









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