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2025 Supreme(Online)(NCDRC) 2379

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
KHUBCHAND HEMANDAS SETPAL – Appellant
Versus
SHEWA APARTMENTS CO-OPERATIVE HOUSING SOCIETY LTD. & ORS. – Respondent


Petitioner Advocates:MR. TARUN GUPTA ,Respondent Advocate: MR. MOHIT P. BHANSALI

ORDER

Respondents/complainants filed a complaint before the District Forum against the petitioner.

Respondents No.2-31 are the flat owners whereas the petitioner is a builder. District Forum allowed the complaints and directed the petitioner to execute the transfer deed of the property in favour of the complainant No.1, i.e., the housing society. Petitioner was directed to pay Rs.15,000/- to all the complainants collectively towards costs.

Petitioner opposite parties filed separate appeals before the State Commission along with an application for stay. State Commission, by the impugned order dismissed the stay application by observing:

“…………….We find that the conveyance subject to the condition which the appellants are under obligation to execute. Only question remains that the conveyance which appellant desires to execute and which they were willing to execute after incorporating some additional conditions, supra, can be included or not. Further since the appeal is pending, this question can be considered in the appeal. Meanwhile, regular conveyance can be executed reserving rights to incorporate the additional conditions subject to decision of the appeal and therefore, we are not in

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