KABRA AND ASSOCIATES Vs. REKHA RAJKUMAR HEMDEV

JUDGEMENT

(1.) The maintainability of Consumer Complaint No.122/2022 on the file of the National Consumer Disputes Redressal Commission (for short, 'the NCDRC'), New Delhi, is in issue. By order dtd. 23/8/2023, the NCDRC held that the said complaint was maintainable and rejected the preliminary objection raised by M/s Kabra and Associates and some other respondents in the said complaint case. Aggrieved thereby, M/s Kabra and Associates and its partners are before this Court by way of this appeal.

(2.) The admitted fact is that the complainants in the aforestated complaint case, viz., Rekha and Raj Kumar Hemadev, respondent Nos.1 and 2 in this appeal, approached the Maharashtra Real Estate Regulatory Authority (for short, 'the Authority') in the first instance, voicing their complaint against the developer, M/s Kabra and Associates. Their initial complaint, being Source Complaint Case No. SC10001434, was that M/s Kabra and Associates had failed to register the building erected by it, wherein they had purchased flats, as an ongoing project under the provisions of Sec. 3 of the Real Estate (Regulation and Development) Act, 2016 (for short, 'the Act of 2016').

(3.) Thereafter, they filed another complaint in CC No.006000000057380 before the Authority under Sec. 18 of the Act of 2016 seeking refund of the amounts paid by them to M/s Kabra and Associates for their flats, viz., Flat Nos. 2101 and 2102.