SUDHA Vs. JAIPRAKASH ASSOCIATES LIMITED

JUDGEMENT

(1.) This is a statutory appeal under Sec. 23 of the Consumer Protection Act, 1986. This appeal takes exception to the final judgment and order dtd. 29/4/2021 of the National Consumer Disputes Redressal Commission, New Delhi (for short, 'the National Commission'). The appellants are the complainants before the National Commission. By the impugned judgment and order, the National Commission has dismissed their complaint.

(2.) It is necessary to set out relevant factual aspects which are necessary for the disposal of the appeal.

(3.) The third appellant is a member of the Bar. On 27/1/2013, the third appellant booked a two-bedroom flat in the project of the respondent-Company, called Garden Isles. According to the case of the appellants, the construction of the flat was inordinately delayed. When the appellants visited the office of the respondent-Company in January 2015, the officials of the respondent-Company suggested to the appellants that the booking of the said flat can be cancelled and the appellants can book an apartment in Imperial Court - Tower-1 in the project known as Jaypee Greens, NOIDA. The officials of the respondent-Company suggested to the appellants that the amount of consideration paid by the third appellant while booking the earlier flat can be adjusted towards the consideration of a flat in Jaypee Greens. The appellants accepted the suggestion. Accordingly, an allotment letter dtd. 11/7/2015 was issued by the respondent-Company in the name of the appellants in respect of Unit Reference No.IMP0128A4, having an approximate covered area of 3072.48 sq. ft. (for short, 'the said apartment'). The agreed consideration was Rs.2,77,91,313.00 (Rupees two crore seventy-seven lakh ninety-one thousand three hundred and thirteen). According to the case of the appellants, the possession of the said apartment was agreed to be handed over to them within a period of 24 months from the date of the allotment letter.