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2022 Supreme(Online)(NCDRC) 1051

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
C. Viswanath, PM, Justice Ram Surat Ram Maurya, M
JITEN KUMAR DALAI & 49 ORS. – Appellant
Versus
ANTRIKSH REALTECH (P) LTD. & 2 ORS. – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Madhurendra Kumar
For the Respondents: Mr. Manish Kadian

Table of Content
1. complaint addressing the delay in possession of flats. (Para 1 , 2 , 6)
2. opposite party's arguments against jurisdiction and maintainability. (Para 3 , 5)
3. court's observations regarding construction delays and consumer rights. (Para 4 , 9)
4. legal reasoning affirming the jurisdiction and rights of consumers. (Para 7 , 10)
5. final order directing refunds and interest payments to complainants. (Para 11)
ORDER

1. The present joint Complaint has been filed under Section 12 (1)(c) of the Consumer Protection Act , 1986, as a class action on behalf of and for the benefit of all the allottees in the project “ANTRIKSH SANSKRITI” situated at NH-24, Indirapuram, Ghaziabad (U.P.). Alongwith the Complaint, the Complainants also filed IA/9267/2017, an application for permission to file joint Complaint. This Commission, vide order dated 11.04.2018, allowed the application. Complainant No.1 is the authorized representative for other Complainants as stated in the affidavit.

2. The case of the Complainants is that in 2011 through advertisements Opposite Party No.1 expressed their intention to the General Public to develop the aforesaid project and to handover the flats to all pur

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