National Consumer Disputes Redressal Commission: The bench, comprising Sudip Ahluwalia, J. (Presiding Member) and Dr. Sadhna Shanker (Member), recorded the undertaking while hearing consumer complaints filed by homebuyers of the Smartworld Orchard project.
The National Consumer Disputes Redressal Commission (‘the Commission’) admitted two consumer complaints on noting serious allegations of deficiency in service and unfair trade practices on the part of the developer. The complainants alleged that the developer:
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Misrepresented the project’s main entrance and subsequently shifted access to a point adjoining a village;
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Procured a self-verified Occupation Certificate through an architect despite the project being incomplete;
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Issued Offers of Possession without permitting inspection of the units; and
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Raised arbitrary demands while discontinuing promised pre-EMI and other contractual benefits.
Noting that these grievances mirrored those raised in an earlier admitted complaint concerning the same project, the Commission admitted both complaints and issued notices to the Opposite Parties.
Mr. Pinaki Misra, Senior Advocate, appearing on behalf of Suposhaa Realcon Pvt. Ltd., undertook before the Commission that the company would not cancel the allotment of any complainant without the leave of the NCDRC. Recording this undertaking, the Commission disposed of the pending transfer applications as infructuous and directed that the matters be listed on 26 October 2026.
Ms. Ishita Singh, Advocate and Mr. Pranjal Mishra, Partners, S&M Advocates submits that the undertaking affords meaningful interim protection to the homebuyers, precluding the developer from taking coercive action — including cancellation of allotments — during the pendency of the consumer proceedings, save with the leave of the Commission.
Directions Issued
1. The Commission notes that CC/15/2026 substantially covers the same nature of grievances as complainants in a complaint already admitted for the same Project; accordingly, both connected Complaints are admitted.
2. Notice to be issued to the Opposite Parties, directing them to file Written Statement within the statutory period of 30 days from receipt of Notice, along with copies of the Complaint.
3. Applicants who have sought withdrawal of their names are directed to file an appropriate Amended Memo of Parties, if and when such withdrawal prayers are allowed.
[Anuj Sharma v. Suposhaa Realcon, CONSUMER COMPLAINT NO. NC/CC/56/2026, order dt. 26-10-2026]
Advocates who appeared in this case:
FOR THE COMPLAINANT: Ms. Ishita Singh, Advocate Ms. Akanksha Rai, Mr Pranjal Mishra, Mr. Kartik Rai, Mr. Satvik Rai, Advocates.
FOR THE OPPOSITE PARTY: Mr. Pinaki Misra, Senior Advocate, Ms. Seem Sundd, Mr. Snehil Srivastava, Mr. Mihir B, Mr. Aman Mehta, Mr. Prakash Chandra, Mr. Atul Kumar, Advocates.