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2022 Supreme(Online)(NCDRC) 561

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
SUMER NAGAR NO. 3 CO.OP HOUSING SOCIETY LTD. – Appellant
Versus
BIPIN BAROT & 2 ORS. – Respondent


Advocates:
For the Petitioner: MR. SAGAR SAXENA, MR. S.K. JHA & MR. S.K. ROY
For the Respondent: EX-PARTE (R-1 & 2)

ORDER

1.       This revision petition has been filed under section 21(b) of the Act 1986 in challenge to the Order dated 30.09.2011 of the State Commission in appeal no. 1128 of 2010 arising out of the Order dated 08.09.2010 of the District Commission in complaint no. 372 of 2003.

2.       We have heard the learned counsel for the complainant society (the petitioner herein) and for the builder (the respondent no. 3 herein). We have also perused the record including inter alia the Order dated 08.09.2010 of the District Commission, the impugned Order dated 30.09.2011 of the State Commission and the petition.  

3.       The matter relates to obtaining the occupancy certificate by the builder in respect of specific upper floors of particular wings of the subject building. 

The District Commission vide its Order dated 08.09.2010 dismissed the complaint. Extracts of its appraisal are reproduced below for reference:

(13) Thus, above-referred facts establish that competent Civil Court has recorded a finding to the effect that the members of the Complainant Society herein has made encroachments and unauthorized construction in the building and those illegalities are required to be removed and de

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