Delhi High Court - Orders
M/S Tdi Infrastructure Ltd vs Sukhpal Singh Bhullar & Anr on 24 November, 2022
Author: C.Hari Shankar
Bench: C.Hari Shankar
$~36 (Appellate)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CM(M) 1236/2022
M/S TDI INFRASTRUCTURE LTD ..... Petitioner
Through: Ms. Kanika Agnihotri and Ms.
Kavita, Advs.
versus
SUKHPAL SINGH BHULLAR & ANR. ..... Respondents
Through:
CORAM:
HON'BLE MR. JUSTICE C.HARI SHANKAR
ORDER
% 24.11.2022
CM APPL. 49209/2022
1. Exemption allowed, subject to all just exceptions.
2. The application stands disposed of.
CM(M) 1236/2022 & CM APPL. 49208/2022
3. Ms. Agnihotri has been heard on behalf of the petitioner.
4. In her submission, Ms. Agnihotri points out that, in an appeal preferred by the petitioner before the learned National Consumer Disputes Redressal Commission (NCDRC) against the order dated 14th September 2018 passed by the learned State Consumer Disputes Redressal Commission ("the learned SCDRC") in Consumer Complaint No. 299/2018 (Sukhpal Singh Bhullar v. M/s Taneja Developers & Infrastructure Ltd.), the learned NCDRC has passed orders to the prejudice of the petitioner which travel much beyond the Signature Not Verified Digitally Signed By:SUNIL SINGH NEGI CM(M) 1236/2022 Page 1 of 3 Signing Date:28.11.2022 12:07:03 order passed by the learned SCDRC. Such orders, she submits, could not have been passed in an appeal preferred by her client as it has resulted in the petitioner being worse off for having appealed to the learned NCDRC.
5. Ms. Agnihotri has also placed reliance on the judgment of the Constitution Bench of the Supreme Court in IREO Grace Realtech Pvt Ltd v. Abhishek Khanna 1, to contend that the rate of interest of 12%, awarded by the learned SCDRC, is required to be reduced to 9%, given the prejudice that builders have faced during the COVID- 19 pandemic.
6. The aforesaid direction for deposit is made without prejudice to all submissions that the petitioner may seek to advance in the petition.
7. In the circumstances, issue notice subject to the petitioner depositing, with the Registry of this Court, the amount awarded by the learned SCDRC along with interest @ 9% per annum within a period of four weeks from today. Subject to the said deposit, the operation of the order dated 14th September 2018 of the learned SCDRC and 15th September 2022 of the learned NCDRC shall remain stayed till the next date of hearing.
8. Notice be served on the respondents by all modes including dasti as well as through learned Counsel who appeared on behalf of the respondents before the learned NCDRC.
9. Reply, if any, be filed within four weeks, with advance copy to learned Counsel for the petitioner who may file rejoinder thereto, Signature Not Verified Digitally Signed By:SUNIL SINGH NEGI CM(M) 1236/2022 Page 2 of 3 Signing Date:28.11.2022 12:07:03 before the next date of hearing.
10. Renotify on 5th April 2023.
C.HARI SHANKAR, J NOVEMBER 24, 2022 rb Signature Not Verified 1 (2021) 3 SCC 241 Digitally Signed By:SUNIL SINGH NEGI CM(M) 1236/2022 Page 3 of 3 Signing Date:28.11.2022 12:07:03