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2023 Supreme(SC) 522

J. K. MAHESHWARI, M. M. SUNDRESH
Alpha G184 Owners Association – Appellant
Versus
Magnum International Trading Company Pvt. Ltd. – Respondent


Advocates appeared:
For the Appellant(s) : Ms. Priyanjali Singh, AOR
For the Respondent(s): Mr. Debesh Panda, AOR

JUDGMENT :

M.M. Sundresh, J.

FACTS

1. The appellant is an association formed by the allottees, registered under Section 6 of the Haryana Registration and Regulation of Societies Act, 2012 (hereinafter referred to as “the HRRS Act”) vide certificate dated 01.11.2017. The respondent herein is a builder tasked with the development of a housing project. Inter alia alleging that the respondent has failed in its obligation to construct and complete the promised flats within the timeline agreed upon, with its failure to pay compensation for the delay caused at its instance, and questioning the additional demands raised, the appellant approached the National Consumer Disputes Redressal Commission (hereinafter referred to as ‘the National Commission’) by filing a Consumer Complaint No. 3753 of 2017 initially on behalf of 54 allottees, and thereafter, a few others. Accordingly, complaints have been filed in Consumer Complaint No(s). 3751, 3752, 3753 & 3754 of 2017, and 407 of 2018. These complaints are filed by the appellant on behalf of the named allottees.

2. Consequent to the interim order dated 08.01.2018 passed in Consumer Complaint No. 3753 of 2017, pleadings were completed followed by aff

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