SRIGANESH CHANDRASEKARAN Vs. M/S UNISHIRE HOMES LLP

JUDGEMENT

(1.) These appeals, filed under Sec. 67 of the Consumer Protection Act, 2019 arise out of the impugned judgment and final orders dtd. 30/7/2024 and 19/10/2023 passed by National Consumer Disputes Redressal Commission (Commission) in the Review Petition and consumer case respectively.

(2.) Facts giving rise to filing of these appeals, briefly stated, are that landowners entered into a Joint Development Agreement (JDA) with the developer on 24/2/2012 and executed General Power of Attorney (GPA) in favor of the developer. On 21/2/2013, the developer obtained the sanctioned plan and a construction licence. Thereafter, from 29/7/2013, onwards the developer executed the Memoranda of Sale Agreements with the flat buyers. Under the Sale Agreements, the developer agreed to handover the possession of flats within 36 months.

(3.) The initial 36 months period for handing over the possession of the flats expired on 24/8/2016. The grace period of six months also expired on 24/2/2017. However, the project remained incomplete. On 5/6/2017, the appellants issued a notice seeking redressal for delay in handing over the possession of the flats.