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2021 Supreme(Online)(NCDRC) 803

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
MR. JUSTICE RAM SURAT RAM MAURYA, PRESIDING MEMBER
M/S. SHELTER MAKER (I) PRIVATE LIMITED – Appellant
Versus
KAMAL KISHOR S. BHAGERIA – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Vipin V. Bower, Mr. D.T. Pandey, Mr. Nalin Majithia
For the Respondents: Mr. M.L. Lahoty, Mr. Pranab Kumar Nayak, Mr. Anchit Sripat

Table of Content
1. hearing initiation and parties present. (Para 1 , 2)
2. issue of consumer complaint and builder obligations. (Para 3 , 4)
3. builder's defenses and obligations under consumer law. (Para 5 , 6)
4. definitions of consumer and implications for construction delays. (Para 7 , 8 , 9)
5. clarification on commercial purpose and consumer rights. (Para 10 , 11 , 12)
6. court's conclusion and orders regarding compensation. (Para 13 , 14 , 15)
ORDER

1. Heard Mr. M.L. Lahoty, Senior Advocate, for Kamalkumar S. Bhageria, and Mr. Nalin Majithia, Advocate, for M/s. Shelter Makers (I) Pvt. Ltd., in both the appeals.

2. Aforementioned the appeals have been filed from the order of State Consumer Disputes Redressal Commission Maharashtra, Mumbai, dated 25.02.2015, passed in Consumer Complaint No. 227 of 2010, partly allowing the complaint and directing the complainant to pay the balance amount of Rs.579000/- to M/s. Shelter Makers (I) Pvt. Ltd., within 45 days. On deposit of the aforesaid amount, the opposite parties were directed to hand over vacant and peaceful possession of the shop Unit 205, admeasuring 772 sq.ft. of built up area, on second floor of Sale Building No. 1, known as Poonam











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