CCI PROJECTS (P) LTD. Vs. VRAJENDRA JOGJIVANDAS THAKKAR

JUDGEMENT

(1.) These appeals under Section 23 of the Consumer Protection Act, 1986 are directed against the common order dated 23.01.2018 passed by the National Consumer Disputes Redressal Commission, New Delhi ("Commission" for short) in Consumer Case Nos.975 and 976 of 2016.

(2.) In Consumer Case No.976 of 2016, Vrajendra J. Thakkar, HUF had booked a residential flat with the appellant in a project named "White Spring Building", which the appellant was to construct at Village Magathane Dattapada Road, Borivali (East), Mumbai, for a consideration of Rs.90,38,850/- and flat No.6A in the building was allotted to said Vrajendra J. Thakkar, HUF. The parties entered into an agreement dated 30.10.2012 and in terms of Clause 17 of said Agreement, the possession was to be delivered by August, 2014. However, in terms of the Agreement, the date of delivery of possession would stand automatically extended in the event of any of the contingencies specified in the said clause which was to the following effect:

(3.) Said Vrajendra Thakkar, HUF thereafter transferred the allotment in favour of mother of the present respondent namely Kumudben Jagjivandas Thakkar. Said Kumudben Thakkar thereafter gifted the very same Apartment to the present respondent.