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2018 Supreme(SC) 1228

UDAY UMESH LALIT, R.SUBHASH REDDY
RAMESHWAR PRASAD SHRIVASTAVA – Appellant
Versus
DWARKADHIS PROJECTS PVT LIMITED – Respondent


Advocates Appeared:
For the Appellant : Ms. Priyanjali Singh, AOR,
For the Respondent: Mr. Ajay Kumar Talesara, AOR

JUDGMENT

Uday Umesh Lalit. J.

These appeals under Section 23 of the Consumer Protection Act, 1986 (hereinafter called 'the Act') are directed against the judgments and orders dated 13.02.2018 and 08.08.2018 passed by the National Consumer Disputes Redressal Commission, New Delhi ('the National Commission' for short) dismissing Consumer Case Nos.250 of 2013 and 43 of 2014 as not maintainable.

2. An advertisement campaign was started by the first respondent sometime in 2006-2007 for sale of apartments in a group housing project called "Aravali Heights" located at Sector-24, Dharuhera, Haryana. Various interested persons booked their apartments and entered into builder-buyer agreements. Clause 11 of such typical agreement provided that the possession would be delivered by the first respondent within three years. The time specified for delivery thus expired in the year 2010 but no possession was offered within the stipulated time. It appears that letters were received by various such buyers from April, 2012 onwards asking for payment of final installment connected with delivery of possession. Various buyers found that the apartments were not habitable at all and the infrastructure such as



















































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