LAWS(NCD)-2022-2-66

BAL MUKAND Vs. ANSAL HOUSING LIMITED

Decided On February 15, 2022
BAL MUKAND Appellant
V/S
Ansal Housing Limited Respondents

JUDGEMENT

(1.) These Consumer Complaints have been filed by the Complainants under Sec. 21 (a) (i) of the Consumer Protection Act, 1986 (in short "the Act") against M/s. Ansal Housing Limited (Formerly M/s. Ansal Housing & Construction Limited). As the issues and facts involved in these matters are similar, except minor variations and all these matters are related to the same project, namely, "Estella" of the Opposite Party and the reliefs sought are identical, hence these Consumer Complaints are being disposed of by this Common Order.

(2.) For the sake of convenience, Consumer Complaint No. 510 of 2020 is being taken as the lead case.

(3.) The facts in brief as stated in the Complaint are that the Complainants have booked an Apartment on 20/4/2011, with the Opposite Party by paying an amount of 6,17,000/- towards booking. The Complainants have opted for construction linked payment plan. The Apartment Buyer's Agreement (in short "the Agreement") was executed on 6/6/2012 for Apartment No. N-0501, Tower N, 3 BHK + Utility, admeasuring 1945 sq. ft., for a total sale consideration of 75,84,025/- including PLC, out of which the Complainants have paid a sum of 72,47,710/-. As per Clause 30 of the Agreement the possession of the Apartment in question was to be delivered within 36 months from the date of execution of the Agreement or within 36 months from the date of obtaining all required sanctions and necessary approvals for commencement of construction, whichever is later with a grace period of 6 months, subject to certain conditions.