# In the matter of Experion Developers Private Limited vs. Himanshu Dewan and Sonali Dewan and Ors.

> SC judgment dated 2023-08-18. Citation: TCN-2023-SC-00052. The case involves an appeal filed by Experion Developers Private Limited against an order by the…

- **Court:** SC
- **Order date:** 18 Aug 2023
- **Citation:** TCN-2023-SC-00052
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/experion-developers-private-limited-vs-himanshu-dewan-and-sonali-dewan-and-ors-bdbc4ba2

## Summary

### Background

The case involves an appeal filed by Experion Developers Private Limited against an order by the National Consumer Disputes Redressal Commission (NCDRC). The NCDRC directed Experion to refund amounts collected towards excess sale area to Himanshu Dewan & Sonali Dewan & Others. The dispute arose from an increase in the sale area of apartments in the 'Windchants' project in Gurgaon, Haryana, developed by Experion. The respondents, as allottees or subsequent purchasers, were informed of the increase and issued differential demand letters. They made payments without protest but later filed a complaint seeking a refund, arguing that there was no increase in carpet or built-up area and that the demand was illegal. The appellant contended that the complaint was not

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## Facts

Experion Developers Private Limited developed and constructed apartments in the 'Windchants' project in Gurgaon, Haryana. The respondents are allottees or subsequent purchasers of these apartments. A dispute arose regarding an increase in the sale area of the apartments. On 27.04.2017, the appellant informed the respondents about the increase and revision in the sale area and issued differential demand letters. The respondents made payments towards the differential demand between December 2017 and August 2018 without any demur or protest. The appellant executed conveyance deeds in favor of the respondents between April 2018 and September 2019. On 25.02.2022, the respondents filed a complaint before the National Commission seeking a refund of the amounts paid towards

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## Issues and analysis

### Issue 1: Whether the consumer complaint is barred by limitation under Section 69 of the Consumer Protection …

**Ratio:** Section 69 of the Consumer Protection Act prescribes a two-year limitation period for

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**Reasoning:** The court disagreed with the National Commission's finding of a 'continuing cause of

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**Interpretation:** The court interpreted 'cause of action' to mean the point in time when the

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**Application:** The court found that the complaints could not be dismissed on the ground of

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## Parties

- **Judges:** SANJIV K…; BELA M. T…; +1 more
- **Appellants:** Experion Developer…
- **Respondents:** Himanshu…

## Timeline

- **2017-04-27 — Communication of…**: Experion Developers informed the respondents about the increase and revision in the sale…
- **2017-12-01 — Payments Made by…**: Respondents made payments towards the differential demand between December 2017 and…

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