Supreme Court · 2023 INSC 748 · Decided 18 August 2023

Experion Developers Private Limited v. Himanshu Dewan and Sonali Dewan and Others

Court
Supreme Court of India
Citation
2023 INSC 748 · [2023] 12 S.C.R. 1118
Case number
CIVIL APPEAL No. 1434/2023
Decided
18 August 2023
Bench
SANJIV KHANNA, BELA M. TRIVEDI, UJJAL BHUYAN (3-judge bench)
Outcome
Disposed off
Case type
Civil
Acts & sections cited
CPC; Constitution Article 141, 136; Consumer Protection Act Section 69

Headnote

HEADNOTES Issue for consideration: Impugned order passed by NCDRC directing the appellant-builder/developer to refund to the respondents-allottees/ subsequent buyers, the amount collected towards excess sale area, overruling the on the grounds of the principle of res judicata and on the rule of binding precedent by applying its decision in Pawan Gupta case (a case related to the same housing project as the present matter) wherein the claim made by the appellant for the increase of the sale area was rejected and

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