RAMESHWAR PRASAD SHRIVASTAVA Vs. DWARKADHIS PROJECTS PVT LTD

JUDGEMENT

(1.) These appeals under Section 23 of the Consumer Protection Act, 1986 (hereinafter called 'the Act') are directed against the judgments and orders dated 13.02.2018 and 08.08.2018 passed by the National Consumer Disputes Redressal Commission, New Delhi ('the National Commission' for short) dismissing Consumer Case Nos.250 of 2013 and 43 of 2014 as not maintainable.

(2.) An advertisement campaign was started by the first respondent sometime in 2006-2007 for sale of apartments in a group housing project called "Aravali Heights" located at Sector-24, Dharuhera, Haryana. Various interested persons booked their apartments and entered into builder-buyer agreements. Clause 11 of such typical agreement provided that the possession would be delivered by the first respondent within three years. The time specified for delivery thus expired in the year 2010 but no possession was offered within the stipulated time. It appears that letters were received by various such buyers from April, 2012 onwards asking for payment of final installment connected with delivery of possession. Various buyers found that the apartments were not habitable at all and the infrastructure such as roads, water supply, sewerage, storm water drain, fire fighting system, electricity were not constructed or made functional. Some of the buyers therefore filed Civil Writ Petition No.25054 of 2014 in the High Court of Punjab and Haryana which was disposed of by the High Court directing said petitioners to make appropriate representation to the competent authority. It further appears that thereafter detailed representations were made and an order came to be passed by the concerned directorate which was then challenged by certain allottees by filing Civil Writ Petition No.26358 of 2016.

(3.) At this stage 19 such allottees came together and filed a joint complaint being Consumer Case No.250 of 2013 on 06.08.2013 in the National Commission praying following reliefs: