ANUBHAV GUPTA Vs. CLOUD 9 PROJECTS PVT. LTD.

JUDGEMENT

(1.) This is a Consumer Complaint on behalf of the Flat buyers who were initially 37 in number but with the passage of time and the developments having taken place during the pendency of the Complaint, it appears that the Complaint essentially requires consideration only for 21 Flat buyers out of the list of 22 that has been handed down by the Ld. Counsel for the Complainants, as one of them, Mr. Sanjeev Arora who is the Complainant No. 13, has settled his dispute with the Opposite Parties. This detail is explained later with the help of the Chart handed over by the Ld. Counsel for the Complainants. But for the present, this dispute arose as the Complainants came up contending that inspite of having made the payments substantially, the possession of the Flats was not being handed over and consequently the Complainants had moved an interim application before this Commission being IA No. 10551 of 2017 calling upon the Opposite Parties to hand over possession. An interim Order was passed on 9/5/2019 and being dis-satisfied with the compliance, two applications were filed under Sec. 27 of the Consumer Protection Act, 1986 for ensuring compliance of possession being IA Nos. 16253 of 2019 and 11766 of 2019.

(2.) The main dispute was of non-delivery of possession and completion of the amenities about which deficiency has been complained of. It may be clarified, at the outset, that the Complainants have moved this Complaint with an application under Sec. 12(1)(c) of the Consumer Protection Act, 1986, praying that this Complaint be treated as a class-action and be proceeded accordingly as all the Complainants have essentially the same grievances and therefore there is a commonness and sameness of interest. Notice was issued on this application as well alongwith the Complaint but for one reason or the other, the application under Sec. 12(1)(c) remained pending and was ultimately allowed on 16/11/2022 by the following Order:-

(3.) Reverting back to the course of events in the present Complaint, the interim application for possession was taken up and Notices issued to the Opposite Party who was already represented and had filed a Written Version which is on record dtd. 23/7/2018.