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2019 Supreme(SC) 1410

D.Y.CHANDRACHUD, HEMANT GUPTA
Association For Consumer Welfare And Aid – Appellant
Versus
Granite Gate Properties Private Limited – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Avi Tandon, Adv., Mr. Anish Agarwal, Adv., Mr. Omar Waziri, Adv., Ms. Vanshika Gupta, Adv., Ms. Meghna Tandon, Adv., Ms. Vibhooti Malhotra, AOR
For the Respondent: Mr. Dhananjai Jain, Mr. George Thomas, Mr. Dhananjay, Mr. Nakul Dewan, Adv., Mr. Arush Khanna, Adv., Ms. Nooreen Sarna, Adv., Mr. Lakshay Mehta, Adv.

JUDGMENT :

DHANANJAYA Y. CHANDRACHUD, J.

Civil Appeal No. 259 of 2019

Admitted.

1. By the impugned order dated 31 July 2018, the National Consumer Disputes Redressal Commission [“NCDRC”] directed that the second respondent (Three C Universal Developers Private Limited) be deleted from the array of parties. The complaint has been admitted only against Granite Gate Properties Private Limited, the first respondent to the present appeal.

2. The only ground on which the above directions have been issued are spelt out thus:

    “The consumers on whose behalf this complaint is instituted did not hire or avail the services of opposite party No. 1 and therefore, they cannot be said to its consumers.”

    Notice was issued in these proceedings on 7 January 2019.

3. A counter affidavit has been filed by the second respondent which was ordered to be deleted by the NCDRC from the array of parties.

4. The consumer complaint filed by the appellant, which is an association representing the buyers, seeks diverse reliefs including the grant of possession of flats to the allottees of the real estate project together with common amenities and restraining the respondents from charging additional amounts for alleged


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