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Supreme Court of India 2023-02-09 remanded

DEBASHIS SINHA & ORS vs M/S R.N.R. ENTERPRISE REP. BY ITS

Bench: 2 — S. Ravindra Bhat, Dipankar Datta

In Brief

Flat owners in a Kolkata housing complex sought relief for developers' failure to provide a completion certificate and promised amenities such as playgrounds and community facilities. The NCDRC dismissed their complaint, reasoning that since both parties violated law by occupying premises without certification, no deficiency could be attributed to developers. The Supreme Court held that developers have a statutory duty to obtain completion certificates under municipal law, and taking possession without certification does not bar consumer claims for deficient services. The Court remitted the case to the NCDRC to reassess the consumers' grievances in light of promised amenities advertised in brochures and any unfair trade practices, excluding claims for monetary compensation.

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Consumer Protection Real Estate Deficiency of Service Unfair Trade Practice Housing Complex Completion Certificate Municipal Law

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