Case nº First Appeal No. 1034 Of 2016, (Against the Order dated 28/07/2016 in Complaint No. 628/2015 of the State Commission Delhi) of National Consumer Disputes Redressal Commission, November 23, 2016 (case Tolani Developers Private Limited and Anr. Vs 1. Ramesh Gandhi and Anr. 2. Shri Prem Gandhi)

JudgeFor Appellant: Mr. Arun Batta, Advocate and For Respondents: Ms. Nayantara Narayan, Advocate and Mr. Sharad Bansal, Advocate
PresidentDr. B.C. Gupta,Presiding Member
Resolution DateNovember 23, 2016
Issuing OrganizationNational Consumer Disputes Redressal Commission


Dr. B.C. Gupta, Presiding Member

  1. This first appeal has been filed under section 19 read with Section 21(a)(ii) of the Consumer Protection Act, 1986, vide which, the order dated 28.07.2016, passed by the Delhi State Consumer Disputes Redressal Commission, (hereinafter referred to as "the State Commission") in Consumer Complaint No. 628/2015, has been challenged. Vide this order, the State Commission closed the right of the OPs/appellants to file written version on the ground that they had failed to submit the same within the statutory period, prescribed under the Consumer Protection Act, 1986.

  2. Briefly stated, the facts of the case are that the complainants/respondents filed consumer complaint no. 628/2015 before the State Commission, saying that they engaged the services of the opposite parties (OPs)/appellants for reconstruction of their house and entered into a collaboration agreement with them on 17.10.2011, according to which, the existing structure was to be demolished and a new one constructed after getting the building plan sanctioned from the concerned authority. However, the OPs failed to discharge their obligations under the agreement, following which the consumer complaint in question was filed, seeking directions to them to hand over the occupancy certificate and completion certificate for the building, the original drawings and plans and to rectify the defects in the construction of the building, or to compensate them suitably for the said defects. A notice of the said complaint was sent to the OPs/appellants as admitted by them in the memo of appeal. In response to the notice, they appeared before the State Commission and were served with a copy of the consumer complaint on...

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