VIVEK AIREN Vs. SDS INFRATECH PVT. LTD.

JUDGEMENT

(1.) Heard Mr. Bijoy Kumar Pradhan, Advocate, for the complainant and Mr. Shalabh Singhal, Advocate, for the opposite party.

(2.) Initially, Viven Airen, Vibhor Neb and Amit Aggarwal filed above complaint for directing the opposite party to (i) deliver possession of the flats, complete in all respect with all facilities, as allotted to them in the project 'NRI Residency' within reasonable time preferably within 3 months; (ii) pay delay compensation in terms of the agreement/allotment letter; (iii) pay interest @18% per annum on the deposits of the home buyers from due date of possession till the delivery of possession; (iv) pay Rs. 1000000.00, to each of them, as compensation for mental agony and harassment; (v) set aside unfair demand of Rs. 1500000.00 made by the opposite party; (vi) refund the amount charged in the garb of 10% increase in area; (vii) set aside illegal sale of mechanical car parking; (viii) pay litigation costs; and (ix) any other relief which is deemed fit and proper in the facts and circumstances of the case.

(3.) The complainants filed IA/12860/2016 under Sec. 12(1)(c) of the Consumer Protection Act, 1986, for grant of leave to file the complaint in representative capacity on behalf of numerous home buyers of the project, having same interest. This IA was allowed vide order dtd. 25/10/2017. Thereafter, notices were published in newspapers as per Sec. 13(6) of the Consumer Protection Act, 1986 and various other home buyers were impleaded/deleted time to time.