Smartworld Orchard Homebuyers Get Relief as Developer Agrees Not to Cancel Allotments Without NCDRC Approval
Homebuyers of Smartworld Orchard have received interim protection after the developer assured the NCDRC that allotments will not be cancelled without the Commission’s prior permission during proceedings.
- NCDRC admits two complaints concerning Smartworld Orchard.
- Developer gives undertaking not to cancel complainants’ allotments without Commission approval.
- Complaints raise concerns over project access, possession, occupation certificate and financial demands.
Gurugram: Homebuyers of the Smartworld Orchard project have received interim protection from the National Consumer Disputes Redressal Commission (NCDRC) following complaints alleging misrepresentation, deficiencies in the project and unfair demands by the developer. During the proceedings, the developer agreed that it would not cancel the allotments of the complainants without obtaining permission from the Commission.
The NCDRC admitted two consumer complaints after finding that the grievances were substantially similar to issues raised in another complaint concerning the same project. The proceedings relate to allegations against Suposhaa Realcon Pvt. Ltd., the developer associated with Smartworld Orchard. The matters have been directed to proceed before the Commission, with the case scheduled for further consideration on October 26, 2026.
The complaints raise several concerns regarding the development and possession process at Smartworld Orchard. According to the homebuyers, the project’s originally represented main entrance was later shifted to a location adjoining a village, which they claimed was different from what had initially been represented.
The buyers also questioned the manner in which the project’s Occupation Certificate was obtained. They alleged that a self-verified certificate was procured through an architect despite the project allegedly remaining incomplete.
Another major grievance relates to possession. The complainants alleged that they received Offers of Possession without being given an adequate opportunity to inspect their respective units.
The buyers further alleged that the developer subsequently raised demands that they considered arbitrary while discontinuing certain benefits, including promised pre-EMI support and other contractual commitments.
After considering the allegations, the NCDRC noted that the complaints substantially overlapped with grievances already raised in an earlier admitted matter concerning the same project.
The Commission, therefore, admitted the two connected consumer complaints and directed notices to be issued to the opposite parties.
The respondents have been directed to submit their written statements within the statutory period of 30 days from receiving the notice, along with the relevant complaint documents.
A significant development for the complainants came during the hearing when Senior Advocate Pinaki Misra, representing Suposhaa Realcon Pvt. Ltd., gave an undertaking before the NCDRC.
Under the undertaking, the developer agreed that it would not cancel the allotment of any of the complainants without first obtaining leave, or permission, from the Commission.
The NCDRC recorded the undertaking during the proceedings. This provides the concerned homebuyers with interim protection against cancellation of their allotments while their consumer complaints remain pending, unless the Commission permits such action.
The undertaking is particularly important because cancellation of an allotment can significantly affect a homebuyer’s position during an ongoing dispute with a developer.
By recording the developer’s assurance, the Commission has effectively ensured that the complainants cannot have their allotments cancelled unilaterally during the pendency of the proceedings without the matter first being brought before the NCDRC.
The complaints themselves will still have to be adjudicated on their merits. The interim protection does not amount to a final finding by the Commission on whether the allegations made by the homebuyers are ultimately proved.
The Commission also issued procedural directions in connection with the complaints.
It observed that Complaint No. CC/15/2026 substantially involved grievances similar to those raised in an earlier complaint relating to the Smartworld Orchard project. The connected complaints were consequently admitted.
The opposite parties have been directed to file their written statements within 30 days of receiving the notice.
The Commission also directed applicants seeking withdrawal of their names from the proceedings to submit an appropriate amended Memo of Parties if their requests for withdrawal are allowed.
The consumer complaints will now move forward through the NCDRC proceedings. The developer and other opposite parties will have an opportunity to respond to the allegations through their written statements.
The matter has been listed for October 26, 2026, when the proceedings are expected to move to the next stage.
For the affected Smartworld Orchard homebuyers, the immediate significance of the order is that their allotments remain protected from cancellation without the NCDRC’s permission while the consumer dispute continues.
Case: Anuj Sharma v. Suposhaa Realcon
Consumer Complaint No.: NC/CC/56/2026
Forum: National Consumer Disputes Redressal Commission (NCDRC)
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