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2022 Supreme(Online)(NCDRC) 367

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
SHREYA KUMAR & 11 ORS. – Appellant
Versus
M/S. ANSAL HOUSING & CONSTRUCTION LTD. & 3 ORS. – Respondent


Advocates:
For the Petitioner: MR. SUSHIL KAUSHIK,MS. HIMANSHI SINGH & NIPUN SAXENA
For the Respondent: M/S. INTELLECTIVE LAW OFFICES

ORDER

 

 

 

 

 

 

 

06.     Upon notice, the Opposite Party Developer has filed its Written Version denying the contents of the Complaint and inter-alia raising the preliminary issues that; the Complaint filed by the Complainants is not maintainable under Section 12(1)(c) of the Act as there is lack of community and common interest and two initial complainants have already been offered possession in the year 2017; (ii) the Opposite Party Developer is not engaged in the business of re-sale of Units and have not engaged any Broker for the same purpose as alleged by the Complainants and it has only given approval for transfer of ownership rights subject to payment of transfer charges; some of the Complainants have purchased the Apartment in re-sale;

07.     On merits, it is contended that (i) the Complainants have concealed the material facts and they were provided absolute opportunity to inspect the site Plans, Location Plan, Building Floor Plan, Ownership Record and other documents relating to the Title and no untrue picture was portrayed to the buyers either before or after submitting of the Application Form for purchase of the respective Apartment; (ii) in the Application Form and in the C

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