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2023 Supreme(SC) 102

S. RAVINDRA BHAT, DIPANKAR DATTA
Debashis Sinha – Appellant
Versus
R. N. R. Enterprise Rep. By Its Proprietor/Chairman, Kolkata – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Arvind Kr. Sharma, Adv. Mr. Aniteja Sharma, Adv. Mr. Avijit Singh, Adv. Mr. Raj Kishor Choudhary, AOR
For the Respondent(s): Mr. Vipin Kumar Jai, AOR

ORDER :

1. This appeal under section 23 of the Consumer Protection Act, 1986 (hereafter ‘the C.P. Act’, for short) calls in question the order dated 21st August, 2020 passed by the National Consumer Disputes Redressal Commission, New Delhi, (hereafter ‘NCDRC’, for short). By the impugned order, the NCDRC has dismissed the consumer complaint lodged by the appellants.

2. The multiple appellants are owners of flats in different blocks of a housing complex at 1, Kailash Ghosh Road, Kolkata – 700008 (hereafter ‘housing complex’, for short).

3. Aggrieved by the failure of the respondents -the developers of the housing complex -to provide services as promised, the jurisdiction of the NCRDC was invoked by the appellants in 2008. They alleged that despite paying full consideration amount as per market rate and despite execution and registration of deeds of conveyance in their favour, the respondents had failed, interalia, to provide the ‘Completion Certificate’, which is their statutory obligation as per the rules of the Kolkata Municipal Corporation (hereafter ‘KMC’, for short); and, in the absence of such a certificate, their occupation of the respective flats has been rendered precarious. A


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