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2025 Supreme(Online)(NCDRC) 3202

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
MR. SUBHASH CHANDRA, PRESIDING MEMBER, AVM J. RAJENDRA, AVSM VSM (RETD.), MEMBER
CLYDE J.V.D CRUZ & ANR. – Appellant
Versus
M/S. SILVEX DEVELOPERS PVT. LTD. – Respondent


Advocates:
For the Appellants/Petitioners:Mr. Sudhanshu Sikka, Advocate (V.C)
For the Respondents: NEMO

Table of Content
1. allegations of deficiency in service due to obstruction in possession. (Para 1 , 2 , 3)
2. financial transactions and delays highlight contractual failures. (Para 5 , 10 , 12 , 13)
3. delay in service constitutes deficiency under consumer law. (Para 21 , 22 , 26)

ORDER

PER SUBHASH CHANDRA

1. This complaint filed under Section 2 (1) (g), 2(1)(r) read with section 21 of the Consumer Protection Act, 1986 (in short, the “Act”) alleges deficiency in service by the Opposite Party and for recovery of compensation for mental agony and harashment.

2. This common order will dispose of Consumer Complaint Nos. 191 of 2015 as the facts in both complaints are similar and relate to the same Complainants and the same project of the Opposite Party. For reasons of convenience, Consumer Complaint No. 190 of 2015 is taken as the lead case.

3. Upon notice, Opposite Party contested the complaint by way of written statement. Complainants thereafter filed their rejoinder. Parties filed their evidence by way of affidavit. Short synopsis of arguments was also filed by Complainant.

4. We have heard the counsel for the Complainant and carefully considered the material on the record. Opposite Party

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