BARUN JOLLY Vs. CHD DEVELOPERS LIMITED

JUDGEMENT

(1.) The Complaint, under Section 12(1)(c) read with Section 21 (a) (i) read with Section 22 of the Consumer Protection Act, 1986 (for short "the Act"?), was initially filed by 14 Complainants on their own behalf and that of other Allottees of "Avenue 71"? (for short "the Project"?), launched by the sole Opposite Party, namely, CHD Developers Ltd. (for short, "the Developers"?) in Sector-71, Gurgaon, Haryana. During the proceedings in the Complaint, out of 14 Complainants, Complainant Nos. 3-4, 5-6 and 9-10, namely, Mr. Shrikant Moreshwar Kulkarni and Mrs. Jai Joshi Kulkarni, Mr. Gurmeet Singh Bhutani and Mrs. Jasminder Kaur and Mrs. Aruna Surana and Mr. Ramesh Chand Surana respectively signed the settlement deeds with the Developer on 08.09.2017, 08.09.2017 and 16.11.2017. Accordingly, vide order dated 12.01.2018, these Complainants were deleted from the array of the parties. However, despite the specific direction, the amended Memo of Parties has not been filed so far.

(2.) According to the Complainants, since all the Complainants have booked their respective flats in the same Project of the Opposite Party; entered into identical agreements to sell with them and the issues regarding their allotment such as delay in handing over possession, deficiency in construction, illegal demands by the Developer and huge gap in super area and carpet area, are identical and resultantly almost same reliefs have been prayed for by all the Complainants; the Complaint is proposed to have been filed in a representative capacity under the aforesaid provision.

(3.) For the sake of convenience, the material facts, enumerated hereinafter, are taken from the case of Complainant No.1 and 2, namely, Barun Jolly and Mrs. Mohni Jolly.