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2023 Supreme(Online)(NCDRC) 1582

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
DEBASHIS SINHA & ORS – Appellant
Versus
M/S.R.N.R.ENTERPRISE & ORS – Respondent


Advocates:
For the Petitioner: MR. VARUN DEV MISHRA & BABITA ARORA & M. CHATTERJEE & MR. ARVIND KUMAR SHARMA
For the Respondent: MR. SHIV SHANKER BANERJEE

ORDER

          In the brochure the other amenities indicated are, a Landscaped Garden, Multi Gymnasium and 24 hours Water Supply, which are not there in the advertisement.  Similarly, the facility of a Lift has been mentioned in the advertisement but not in the brochure.

2.       It is with these representations, that the complainants state they accepted the said offer and according to the allegations made in para 6 and para 11, the said facilities that were offered and promised remained undelivered which has ultimately given the cause for filing of the present complaint.

3.       From the pleadings on record certain facts need to be stated before proceeding to delineate the essentials of this case.  The complaint was contested before this Forum and was ultimately dismissed vide Order dated 21.08.2020.  The said Order was assailed in an appeal under Section 23 of Consumer Protection Act, 1986 before the Apex Court, which was allowed on 09.02.2023.  The Order of this Commission was set aside with an observation that since the complaint is more than 15 years old, it would be desirable for the NCDRC to decide the same as early as possible, preferably within a year from the date of servi

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