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2023 Supreme(Online)(NCDRC) 1161

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
MAHINDRA HOLIDAYS & RESORTS INDIA LTD. – Appellant
Versus
PRAVEEN LATA – Respondent


Advocates:
For the Petitioner: MR. ANAND SHANKAR JHA, MR. MOHAMMAD ALI & MS. BHAVANA JHA
For the Respondent: MR. HARSH KUMAR

ORDER

1.      This revision petition under section 21(b) of the Consumer Protection Act, 1986 (in short, the ‘Act’) assails the order dated 26.10.2016 in First Appeal No. 1149 of 2013 of the State Consumer Disputes Redressal Commission, Delhi (in short, the ‘State Commission’) dismissing the appeal filed by the petitioner against order dated 13.02.2013 of the District Consumer Disputes Redressal Forum (East), Delhi (in short, the ‘District Forum’). It also challenges Modification Order dated 13.09.2013 in CC no.333 and 338 of 2013 passed in Execution Application filed by the respondent.

2.      The facts, in brief, according to the revision petitioner, are that the respondent/complainant had applied for membership of the  holiday scheme of the petitioner/opposite party on 26.12.2004 and opted for the apartment type “Red Studio Apartment” category and submitted application form based on payment plan of 10% down payment with balance in 12 EMIs (total Rs 1,69,500/-). Membership certificate was issued on 12.01.2005 (Membership No. 40570) which mentioned the Apartment Type as “One Bed Room”. According to the petitioner, this was an inadvertent mistake as is evident from the fact that the

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