INDU MALHOTRA, J.

1. The present statutory Appeals have been filed under Section Signature Not Verified 23 of the Consumer Protection Act, 1986 to challenge the Final Digitally signed by MUKESH KUMAR Date: 2019.04.02 Reason: Judgment and Order dated 23.10.2018 passed in Consumer Case No. 238 of 2017 and Consumer Case No. 239 of 2017 by the National Consumer Disputes Redressal Commission (hereinafter referred to as “the National Commission”).

2. Since a common issue arises in both the Civil Appeals, they are being disposed of by the present common Judgment and Order.

3. For the sake of brevity, the facts in C.A. No. 12238 of 2018 are being referred to, being the lead matter.

The factual matrix of the said Civil Appeal is as under :

3.1. The Appellant – Builder launched a residential project by the name “Araya Complex” in Sector 62, Golf Course Extension Road, Gurugram.

The Respondent – Flat Purchaser entered into an Apartment Buyer’s Agreement dated 08.05.2012 with the Appellant – Builder to purchase an apartment in the said project for a total sale consideration of Rs. 4,83,25,280/-.

As per Clause 11.2 of the Agreement, the Appellant – Builder was to make all efforts to apply for the Oc