HIMANSHU DEWAN Vs. EXPERION DEVELOPERS PVT. LTD.

JUDGEMENT

(1.) The present Consumer Complaint has been filed under Sec. 35(1)(a) read with sec. 58(1)(a)(i) of the Consumer Protection Act, 2019 (for short "the Act") against Opposite Party, Experion Developers Pvt. Ltd. (hereinafter referred to as the Opposite Party Developer), by Himanshu Dewan and Sonali Dewan alongwith other Complainants / Purchasers of Residential Apartments in a Group Housing Project, namely, "WINDCHANTS" (for short "the Project"), being developed and constructed by the Opposite Party Developer in Gurgaon, Haryana, seeking refund of amount illegally charged towards excess sale area of the respective Apartment/Apartment by the Opposite Party Developer.

(2.) Briefly stated the facts of the case are that Complainants are allottees/buyers of Apartments in a Housing Project, namely, "WINDCHANTS" being developed and constructed by the Opposite Party Developer in Gurgaon, Haryana. All the Complainants have executed Builder Buyer Agreement / Sale Agreement with the Opposite Party Developer for purchase of respective Apartments/Units. Some Complainants namely, Sri Krishna Akkipeddi, Mr. Himanshu Dewan, Mr. Pradeep Sharma and Dr. Saurabh Arora are subsequent allottees, since they have purchased the Apartments/Units from Original Allottees and the rights and liabilities of the original allottees as per the Agreements stood transferred in their names by endorsing their names on the Agreements by the Opposite Party Developer.

(3.) It is averred that vide letter dtd. 27/4/2017, addressed to one of the Complainants, i.e., Mrs. Renuka Nair, the Opposite Party Developer intimated about the increase in sale area by 214 sq. ft. Relevant part of the letter dtd. 27/4/2017 is reproduced as under: