National Consumer Disputes Redressal
Vikas Maheshwari S/O. Ramnath ... vs M/S. Gaursons Hitech Infrastructure ... on 1 April, 2026
NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
MISCELLANEOUS APPLICATION NO. NC/MA/47/2026
IN
NC/CC/169/2025
VIKAS MAHESHWARI S/o. Ramnath Maheshwari
PRESENT ADDRESS - G 12A01 ACE CITY, SECTOR -1GREATER NOIDA WEST , GAUTAM
BUDDHA NAGAR,UTTAR PRADESH.
RAVINDER KUMAR S/o. Ramesh ChandMadan Pal
PRESENT ADDRESS - FLAT NO-545, MAJESTIC TOWER, MAHAGUN MASCOTCROSSING
REPUBLIC, GHAZIABAD, UTTAR PRADESH , GHAZIABAD,UTTAR PRADESH.
RASHMI KUMAR W/o. Ravinder Kumar
PRESENT ADDRESS - FLAT NO-545, MAJESTIC TOWER, MAHAGUN MASCOTCROSSING
REPUBLIC, GHAZIABAD, UTTAR PRADESH , GHAZIABAD,UTTAR PRADESH.
ARUN BALA W/o. Mohan Lal
PRESENT ADDRESS - VPO BHUAPUR, 102, TIGAON, FARIDABAD,
HARYANAFARIDABAD,HARYANA.
NISHANT RANA S/o. Kanwar Singh Rana
PRESENT ADDRESS - Q 203 HOMES 121 N OIDA SECTOR 121GAUTAM BUDDHA
NAGAR,UTTAR PRADESH.
SALMAN N AZEER S/o. MN Nazeer
PRESENT ADDRESS - /103 CIVITECH SAMPRITI SECTOR 77 NOIDAGAUTAM BUDDHA
NAGAR,UTTAR PRADESH.
NEERA YADAV W/o. Manoj Yadav
PRESENT ADDRESS - 101, PRAYAS SMART BHAWANBEHIND COMMUNITY CENTER,
RAJOKRI, NEW DELHI , NEW DELHI,DELHI.
MANOJ YADAV S/o. Hri Prasad Yadav
PRESENT ADDRESS - 101, PRAYAS SMART BHAWANBEHIND COMMUNITY CENTER,
RAJOKRI, NEW DELHI , NEW DELHI,DELHI.
PRAMOD JINDAL S/o. Late Shri L.C. Jindal
PRESENT ADDRESS - PLOT NO-4, PARTAP NAGAR, JAIL ROADNEW DELHI,DELHI.
MANJU LATA YADAV W/o. Madan Pal
PRESENT ADDRESS - A5-G6 CHERRY COUNTY TECHZONE 4, GREATER NOIDA
WESTGAUTAM BUDDHA NAGAR,UTTAR PRADESH.
MADAN PAL S/o. Shobha Ram
PRESENT ADDRESS - A5-G6 CHERRY COUNTY TECHZONE 4, GREATER NOIDA
WESTGAUTAM BUDDHA NAGAR,UTTAR PRADESH.
HARISH MANCHANDA S/o. Madal Lal Manchanda
PRESENT ADDRESS - UU 159 VISHAKHA ENCLAVE PITAMPURA DELHINEW DELHI,DELHI.
KAMLESH MAHAJAN W/o. Ramesh Chander Mahajan
PRESENT ADDRESS - WZ 38A DAYALSAR MARG, NEAR NIRANKARI GURUDWARANEW
DELHI,DELHI.
RAMESH CHANDER MAHAJAN S/o. Kara111 Chand Mahajan
PRESENT ADDRESS - W Z 38A DAYALSAR MARG, NEAR NIRANKARI GURUDWARAUTTAM
NAGAR WEST DELHI , NEW DELHI,DELHI.
PRADEEP KINGER S/o. Narender Kumar Kinger
PRESENT ADDRESS - 503, LINK APARTMENTS 18, LP. EXTENSIONPATPARGANJ
SHAKARPUR, EAST DELHI , EAST,DELHI.
ANIL KAPOOR S/o. Late Shri Lajpat Raj Kapoor
PRESENT ADDRESS - RAJNAGAR SECTOR-61240 2ND FLOOR NEAR CENTRAL
PARKGHAZIABAD,UTTAR PRADESH.
MEENU KAPOOR W/o. Anil Kapoor
PRESENT ADDRESS - RAJNAGAR SECTOR-61240 2ND FLOOR NEAR CENTRAL
PARKGHAZIABAD,UTTAR PRADESH.
ROHIT KUMAR S/o. Sushil Kumar
PRESENT ADDRESS - BLOCK CC HOUSE NO 4C, HARI NAGARNEW DELHI,DELHI.
BHARAT BHUSHAN SETHI S/o. Late Shri Ram Gopal Sethi
PRESENT ADDRESS - FLAT NO 302, TEEKAY ASTHA APARTMENT,
ODISHAJAGATSINGHAPUR,ODISHA.
RAKESH KUMAR S/o. Shri Fakir Chand
PRESENT ADDRESS - P32 DOUBLE STOREY FLAT, MAUKA GANJ, DELHINEW
DELHI,DELHI.
HEMPRABHA W/o. Rakesh Kumar
PRESENT ADDRESS - P32 DOUBLE STOREY FLAT, MALIKA GANJ, DELHINEW
DELHI,DELHI.
MONIKA DUBEY W/o. Manish Dubey
PRESENT ADDRESS - D 1A/270 STREET NO. 1 SANGAMVIHAR, NEW DELHINEW
DELHI,DELHI.
MANISH DUBEY S/o. Shri Shiv Prakash Dubey
PRESENT ADDRESS - D 1A/270 STREET NO. 1 SANGAMVIHAR, NEW DELHINEW
DELHI,DELHI.
ASHISH PANDEY S/o. Suresh Chand Pandey
PRESENT ADDRESS - D185 GULSHAN BELLINA SECTOR 16 GREATER NAIDAGAUTAM
BUDDHA NAGAR,UTTAR PRADESH.
BALENDRA SINGH S/o. Ram Naresh Singh
PRESENT ADDRESS - 607, SHANTIKUNJ APARTMENT, SECTOR 61, NOIDAGAUTAM
BUDDHA NAGAR,UTTAR PRADESH.
GAGANDEEP JUNEJA S/o. Mohanjeet Singh Juneja
PRESENT ADDRESS - 607, SHANTIKUNJ APARTMENT, SECTOR 61, NOIDAGAUTAM
BUDDHA NAGAR,UTTAR PRADESH.
SHAFA KHAN S/o. Ajaz Ahmad Khan
PERMANENT ADDRESS - 112-A JOHRI FARM EXT. NOOR NAGAR, JAMIA NAGARNEW
DELHI,DELHI.
ATUL SINGH S/o. Bhupendra Bahadur Singh
PRESENT ADDRESS - B6-2012ND FLOOR TOWER B6 CHERRY COUNTY GH - 05
BGREATER NOIDA EXTENSION BISRAKH, GAUTAM BUDH N AGAR , GAUTAM BUDDHA
NAGAR,UTTAR PRADESH.
SANDHYA SINGH W/o. Atul Singh
PRESENT ADDRESS - 32/15, PRABHU TOWN, OPP. SHANTI. INN LODGERAE BARELI,
UTTAR PRADESH , BAREILLY,UTTAR PRADESH.
ASHOK KUMAR S/o. Rajpal Singh
PRESENT ADDRESS - SECTOR 4B HOUSE NO. 2072 VASUNDHARA
GHAZIABADGHAZIABAD,UTTAR PRADESH.
SEEMA W/o. Ashok Kumar
PRESENT ADDRESS - SECTOR 4B HOUSE NO. 2072 VASUNDHARA
GHAZIABADGHAZIABAD,UTTAR PRADESH.
RAM MURTI AGARWAL S/o. Late Shri Rameshwar Prasad Agarwal
PRESENT ADDRESS - ALLOS, KANISHKA TOWERS, SECTOR 34, AMARNAGAR,
FARIDABAD , FARIDABAD,HARYANA.
MADHU AGARWAL D/o. Rajkrishna Agrawal
PRESENT ADDRESS - ALLOS, KANISHKA TOWERS, SECTOR 34, AMARNAGAR,
FARIDABAD , FARIDABAD,HARYANA.
SUJIT KUMAR SINHA S/o. Late Shri JP Sinha
PRESENT ADDRESS - SS-703 ELDECO AAMANTRAN SECTOR 119 NOIDAGAUTAM
BUDDHA NAGAR,UTTAR PRADESH.
ANUPAMA BISARIA W/o. Bibhav Bisaria
PRESENT ADDRESS - C - 50, SECTOR - 15, NOIDAGAUTAM BUDDHA NAGAR,UTTAR
PRADESH.
JYOTIRMAY HALDER S/o. Kumud Ranjan Halder
PRESENT ADDRESS - TOWER NO. 13 FLAT NO. 702PLOT NO. GH- 01/A EXOTICA DREAM
VILLE , GAUTAM BUDDHA NAGAR,UTTAR PRADESH.
REKHA MISHRA W/o. Sandeep Kumar Agnihotri
PRESENT ADDRESS - TOWER-8, FLAT NO.-1104, NIRALA ESTATETECH ZONE-IV,
GREATER NAIDA WEST , GAUTAM BUDDHA NAGAR,UTTAR PRADESH.
SANDEEP KUMAR AGNIHOTRI S/o. Kamlesh Kumar Agnihotri
PRESENT ADDRESS - TOWER-8, FLAT NO.-1104, NIRALA ESTATETECH ZONE-IV,
GREATER NAIDA WEST , GAUTAM BUDDHA NAGAR,UTTAR PRADESH.
.......Appellant(s)
Versus
M/S. GAURSONS HITECH INFRASTRUCTURE PVT. LTD
PRESENT ADDRESS - D-25, VIVEK VIHAR, DELHINEW DELHI,DELHI.
PERMANENT ADDRESS - GAURS BIZ PARK PLOT- NO-1, ABHAY KHAND-11INDIRAPURAM,
GHAZIABABD , GHAZIABAD,UTTAR PRADESH.
SARTHAK GAUR DIRECTOR M/S GAURSONS HITECH INFRASTRUCTURE PVT. LTD
PRESENT ADDRESS - D-25, VIVEK VIHAR, DELHINEW DELHI,DELHI.
PERMANENT ADDRESS - GAURS BIZ PARK PLOT- NO-1, ABHAY KHAND-11,INDIRAPURAM,
GHAZIABABD , GHAZIABAD,UTTAR PRADESH.
.......Respondent(s)
BEFORE:
HON'BLE MR. JUSTICE A. P. SAHI , PRESIDENT
HON'BLE MR. BHARATKUMAR PANDYA , MEMBER
FOR THE APPELLANT:
MR. AMIT SINGH, MR. ANURAG MAHARAJ, ADVOCATES
DATED: 01/04/2026
ORDER
1. Heard learned Counsel for the Applicant.
2. The background of moving this Application can be better appreciated with the recording of the Order dated 13.01.2026 which is extracted herein under:
"This matter had been permitted to be withdrawn in the manner in which it had been presented in CC/67/2025. The order is extracted herein under:
"Having heard the Learned Counsel for the Complainant, at the outset, it was prayed that the present Complaint be permitted to be withdrawn for taking appropriate steps to approach the appropriate Forum in accordance with law. The reason for which the said withdrawal is being permitted is that the present Complaint has been framed in respect of certain allegations which the Complainant society alleges to be a deficiency in service on the part of the Opposite Party by not providing the services as was promised according to the plan and project that was launched by the Opposite Party in Gaur City Central Mall, Greater Noida (West). The project included 20 floors of construction comprising of 1535 shops and about 1831 units of office spaces and studio apartments on the respective floors. The units, piima facie, are all individual commercial units and there are no details as to how they are for self-employment or for earning own livelihood of the respective allottees so as to distinguish them from a purely commercial purpose. It is evident from the facts stated that the units are commercial units in nature. In these circumstances, the nature of the Complaint which the Complainants allege to be a joint Complaint under Section 35(1)(b), has to be fully substantiated by such declarations or else, a Complaint would not be maintainable nor can the Petitioner society be treated as a consumer qua its members. Learned Counsel therefore, prays that he may be permitted to withdraw this Complaint and take appropriate steps accordingly for approaching the appropriate forum. The Complaint is therefore, permitted to be withdrawn with liberty to avail the remedies that may be available to the allottees in accordance with law. The withdrawal is without prejudice to their rights and is accordingly consigned."
The present Petition has again been filed with 25 Complainants making allegations in paragraph-2 about their status. We have heard the learned counsel but after the arguments were heard, learned counsel prayed that he may be permitted to withdraw this Complaint and advise the Complainants to approach for the individual causes of action before the appropriate Forum. Permitted to be withdrawn with liberty to approach the appropriate Forum as may be permissible in law. Consigned with the said observations."
3. The Complaint had therefore been filed twice earlier and was permitted to be withdrawn to enable the Complainants to approach for their individual causes explaining the status of their Complaint.
4. This Application was presented and the following Order was passed on 19.02.2026:
"This application is the third round attempted before us for a rehearing of the matter in spite of the fact that on the previous two occasions the matter had been permitted to withdrawn. Mr. Adarsh Nair, learned counsel prays that Mr. Amit Singh, learned counsel for the applicant is held up before some other court and therefore he is unable to assist the Bench.
List on 01.04.2026."
5. Today learned Counsel has appeared and has made his submissions and has also invited the attention of the Bench to the recitals contained in this Application particularly in Paragraph No.-11 indicating the grievances. However in the Application it has been stated that whatever deficits were pointed out have now been rectified and therefore the Complaint deserves to be entertained by this Commission.
6. We may point out that the withdrawal was permitted in the circumstances as already indicated in the Orders quoted above. There is no error apparent on the face of record so as to entertain the Miscellaneous Application praying for recall of the said Order. Even otherwise the Commission becomes functus officio after orders are passed finally, that too even in this case on the request of withdrawal with liberty to approach the appropriate Forum. The finality of orders is clearly spelt out in Section 68 of the Consumer Protection Act, 2019. This is not even a Review Application and even otherwise as stated above, there is no error apparent on the face of record to exercise any such powers. This Miscellaneous Application therefore is neither maintainable nor the relief prayed for deserves to be entertained in the background above, but once again without prejudice to the rights of the Complainants to approach the respective forum having jurisdiction in the matter.
7. The Application is accordingly dismissed.
..................J A. P. SAHI PRESIDENT ..................
BHARATKUMAR PANDYA MEMBER MANVI SHARAD SINGH/Court-1/03