Firm Matters

Khaitan & Co acted for the Client (Respondent), opposing an appeal against an order passed by the State Consumer Disputes Redressal Commission, Gujarat, which had dismissed the Appellant's complaint alleging deficiency of service in the sale of a residential unit in the Respondent's “Samsara Luxury Apartments” project in Vadodara. The main contention raised by the Appellant was that the Respondent has extracted more monies towards the sale consideration as compared to the amount mentioned in the Sale Deed. Additionally, the Appellant raised concerns that an agreement to sell ought to have been executed.

The Firm successfully represented the Client before the National Consumer Disputes Redressal Commission and secured a favourable order dismissing the Appellant's appeal. The Firm's strategy centred on demonstrating that the registration of the flat for the Basic Sale Price of INR 79,25,400 was correct and compliant with law, distinguishing this from the balance amount of approximately INR 19,00,000 paid towards preferred location charges, club house charges, and other statutory and maintenance-related costs, which did not form part of the registrable value. The Firm successfully argued that the registration had been accepted by the registration authorities and remained unchallenged for several years, that no benefit had accrued to the Client from the manner of registration, and that any interference at this belated stage would unfairly prejudice other similarly placed allottees in the same project who were not parties to the proceedings. The Commission accepted these submissions in full, holding that the Appellant's contention regarding under-valuation of the registration was untenable, and dismissed the appeal, thereby affirming the order of the State Consumer Disputes Redressal Commission, Gujarat, and successfully closing the matter in the Client's favour.