JUDGMENT

Sanjiv Khanna, J.

The instant appeal filed by M/s. Experion Developers Private Limited^{[For short, "the appellant"]} under Section 67 of the Consumer Protection Act, 2019^{[For short, "the Act"]}, is directed against the order and judgment dated 16.01.2023 passed by the National Consumer Disputes Redressal Commission^{[For short, "National Commission"]}, in the Consumer Case No. 34/2022, whereby the appellant has been directed to refund to Himanshu Dewan & Sonali Dewan & Others^{[For short, "the respondents"]}, the amount collected towards excess sale area, and to execute supplementary correction deeds within six weeks from the date of the order.

2. The appellant in the instant case had developed and constructed the apartments in a housing project, namely "Windchants", situated in Gurgaon, Haryana. The respondents are the allottees or the subsequent purchasers/buyers of their apartments. The contractual terms inter-se are governed by the "Apartment Buyer Agreement"^{[For short, "the agreement"]} .

3. Clause 8 of the agreement pertains to the "CHANGES AND VARIATIONS IN THE SALE AREA". The relevant part of Clause 8.6 (ii) and Clause 8.7 read: -

"8.6 While every attempt shall be made to adhere