NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI MISCELLANEOUS APPLICATION NO. NC/MA/310/2025 IN NC/CC/975/2015 WITH NC/IA/7957/2025 (CONDONATION OF DELAY)

NC/IA/10832/2025 (EXEMPTION FOR FILING TRANSLATION DOCUMENTS)

NC/IA/10831/2025 (PLACING ADDL. DOCUMENTS)

S.C. KAKAR & 4 ORS.

PRESENT ADDRESS - (THROUGH ITS CHAIRMNA & M.D.) CE-184, GOLF LINK-1, SECTOR-

OMEGA 1, GREATER NOIDA, , GAUTAM BUDH NAGAR-201308 RESIDENTIAL WELFARE ASSOCIATION PRESENT ADDRESS - - , - , - , .......Appellant(s)

Versus ANSAL HOUSING AND CONSTRUCTION LTD. & ANR.

PRESENT ADDRESS - 15UGF,"INDRA PRAKASH BUILDING", 21 BARAKHAMBA ROAD, , NEW DELHI-110001 GREATER NOIDA INDUSTRIA DEVELOPMENT AUTHORITY PRESENT ADDRESS - (THROUGH ITS CHIEF EXECUTIVE OFFICER) 169, CHITWAN ESTATE, GAMMA-2, GREATER NOIDA, GAUTAM BUDH NAGAR, , U.P.-201308 .......Respondent(s)

BEFORE:

HON'BLE MR. JUSTICE A. P. SAHI , PRESIDENT HON'BLE MR. BHARATKUMAR PANDYA , MEMBER FOR THE APPELLANT:

MR SUNEET KUMAR PATHAK, ADV MR VAIBHAV CHHABRA, ADV DATED: 03/09/2025

ORDER

This application has been moved by the Resident Welfare Association (alleging to be Complainant No.2) praying for recall of the order dated 05.01.2024 passed by this Commission which is extracted herein under:

“This is a complaint alleging deficiency in service on both the Opposite Parties contending that in effect the Opposite Party No.2 is equally bound to convey all the services that were contemplated under the Memorandum of Understanding dated 05.06.1997. It is also urged that and has also been pleaded that a large number of deficiencies continue to persist which are enumerated in the complaint. The Opposite parties have put in appearance and filed their written version. Learned Counsel for the Opposite Party No.1 & 2 both are present and they contend that the Forum has been utilized for setting up of a claim which otherwise on merits is not maintainable but apart from this Original Suit No. 1060 of 2010 had already been filed prior to the institution of this complaint which fact was not disclosed and a copy of the plaint of the suit has been filed along with the written version of the Opposite Party No.2. A perusal of the said plaint indicates that Greater Noida Industrial Development Authority, the Opposite Party No.2 is the Defendant No.1 and Opposite Party No.1 is the Defendant No.2 along with one M/s Sunrise Management Company as defendant No. 3. The relief prayed for is for a permanent mandatory injunction not to allow the raising of any constructions like a shopping complex and clause (b) of the relief prays for to carry out all maintenance services regarding road, sewer, park, electricity connection, boundary wall etc. and the expenses to be borne for such maintenance should not be realised by the Opposite Parties. A perusal of the said relief clause would also indicate that a sort of a declaration has been sought after alleging the deficiencies which have been entailed in the complaint. Learned Counsel for the Opposite Parties therefore submit that this complaint cannot be and should not be allowed to continue as the Complainants have already elected to file a suit in the year 2010 and have not disclosed it in the present complaint.

In spite of repeated calls no one has appeared.

Dismissed for want of prosecution.”

The application states that the Complaint was initially filed by Mr. S.C. Kakkar who is aged about 85 years and during the pendency of this Complaint, many Office Bearers changed and the Welfare Association came to be reconstituted. Vide Resolution dated 19.06.2025, the Resident Welfare Association has now authorized Mr. Jatan Singh Chaudhary to represent the Association in the present Complaint.

It is urged that the absence on 05.01.2024 of the counsel or anybody representing the Association or the Complainants, was not wilful and consequently, the order be recalled and the matter be restored to be heard on merits.

On 03.07.2025, when this application was taken up, learned counsel for the Complainant was called