LUCINA LAND DEVELOPMENT LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) These proceedings emanate from Consumer Case No. 1204/2017, which was a complaint filed before the learned National Consumer Disputes Redressal Commission (NCDRC) against the petitioner Lucina Land Development Ltd. and others by 51 allotees of flats in a project of the petitioners, titled -Indiabulls Greens Panvel" (the project", hereinafter). The complaint, preferred under Sec. 21(a)(i)[1] read with Sec. 12(1)(c) [2] and 22(1)[3] of the Consumer Protection Act, 1986 (-the 1986 Act") alleged that the petitioners were guilty of deficiency in service and were involved in unfair trade practices within the meaning of Sec. 2(1)(g)[4] and 2(1)(r) of the 1986 Act.

(2.) The respondents, who were allottees of units in the project, alleged, in the complaint filed by them before the learned NCDRC, that they were -consumers" of the petitioners within the meaning of Sec. 2(1)(d)(ii)[5] of the 1986 Act, as the units had been booked by the respondents for residence. Paras 4 and 11 to 19 of the complaint, which set out the grievances of the respondents, may be reproduced thus:

(3.) These alleged indiscretions of the petitioners, according to para 20 of the complaint, amounted to deficiency in service and unfair trade practices within the meaning of Ss. 2, 3 and 4 of the MOFA and were actionable under the 1986 Act. Para 20 of the complaint, therefore, exhorted the learned NCDRC to exercise the powers vested in it by the 1986 Act and to direct the petitioners to complete the construction and hand over the possession of their respective flats with the requisite occupancy and building completion certificates along with all amenities, or, in the alternative, to pay compensation to the respondents equal to the market value of the flats in the area in question along with interest and costs.