Debashis Sinha vs M/S R.N.R Enterprise on 9 February, 2023
24. From the aforesaid dicta, the well-settled position of law as laid down by the
Supreme Court in landmark judgments such as Debashis Sinha v. R.N.R.
Enterprise (2023) and Treaty Construction vs. Ruby Tower Cooperative
Housing Society Ltd. (2019), wherein it was held that the failure on the part of
a real estate developer to obtain mandatory completion certificates and
occupancy certificates constitutes a clear and actionable deficiency in service
under the Consumer Protection Act, 1986 (now Consumer Protection Act,
2019). The Hon'ble NCDRC and Hon'ble Supreme Court have consistently held
that such failure amounts to a breach of statutory obligations imposed by
regulatory authorities, and the buyers are entitled to appropriate relief in such
circumstances.