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NCDRC Affirms Housing Society as “Consumer” under the Consumer Protection Act

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the Judgment dated 1.12.2025 of the National Consumer Disputes Redressal Commission in Consumer Complaint No.677 of 2015 of M/s. Nancy Lake Homes Cooperative Housing Society Ltd  Vs.  Nancy Icon Builders and Developers and others

The Society filed the consumer complaint on behalf of its members alleging deficiency in service, failure to provide amenities, non-execution of conveyance and negligence in completing statutory obligations in respect of the housing society of 388 flats across multiple buildings at Katraj, Pune.

The claim of the Society was for cost of rectification, fire system repairs, CCTV, withheld maintenance amounts, unpaid dues for locked flats, damages, compensation for mental agony, litigation expenses, inconvenience, etc.

One of the objections was the Society has no locus standi to file consumer complaint since no consideration was paid by it to the developers and each of purchased had individual agreement under MOFA.

The complainant society is competent to be a complainant, and this complainant is maintainable. However, the complainant u/s 12(1)(a) in our opinion, shall be competent to raise only those issues which pertain to its statutory relationship with
developer and entitlement under MOFA, relatable primarily to taking over the control, management and maintenance of common facilities and amenities including the incompleteness or deficiencies therein in terms of the promises made in brochure or in allotment letter/ buyer’s agreement and subject to terms therein.

NCDRC Affirms Housing Society as “Consumer” under the Consumer Protection Act

From Amenities to Conveyance – NCDRC Holds Builders Answerable to Housing Society in Consumer Complaint filed on behalf of Members – Flat Purchasers in Housing Project at Katraj Pune

 

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