NISHANT SAINI Vs. SS GROUP PRIVATE LIMITED

JUDGEMENT

(1.) The present Consumer Complaints have been filed under Section 21(a)(i) of the Consumer Protection Act, 1986 (for short "the Act") by the Complainants, the allottees of Residential Flat in the luxury residential Group Housing Complex, namely, "The Coralwood & Almeria" (hereinafter to be referred to as "the Project" ) to be developed and constructed by the Opposite Parties at Village Sihi, Sector 84, Gurgaon, against Opposite Party No.1, North Star Apartments Pvt. Ltd. (amalgamated in S.S. Group Pvt. Ltd. and now known as S.S. Group Pvt. Ltd) and Opposite Party Nos.2 and No.3, Directors of Opposite Party No.1, inter alia, alleging deficiency in service in not handing over the possession till today and seeking refund of the amount deposited by them with the Opposite Parties along with reasonable interest and compensation.

(2.) In both the Complaints, Complainants have entered into identical "Flat Buyer's Agreement" with the Opposite Parties; the facts and question of law involved in their cases are similar, inasmuch as physical possession of the allotted Flats, has not been handed over within the committed period and almost similar reliefs have been prayed for in both the Complaints.

(3.) For the sake of convenience, the material facts, enumerated hereinafter, are taken from the Consumer Complaint No. 1306 of 2016 titled as Nishant Saini & Anr. Vs. S.S. Group Private Limited and Ors.