Supreme Court - Daily Orders
Subhash Chander Mahajan vs Assotech Realty Pvt. Ltd. on 30 September, 2019
Bench: Mohan M. Shantanagoudar, Ajay Rastogi
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.2908 OF 2018
SUBHASH CHANDER MAHAJAN & ORS. … Appellants
VERSUS
ASSOTECH REALTY PVT. LTD. … Respondent
O R D E R
By the impugned judgment, the National Consumer Disputes Redressal Commission (National Commission) has held that the appellants have not followed the procedure as contained under Section 12(1)(c) of the Consumer Protection Act inasmuch as they had not taken permission of the Commission while initiating the joint action.
The point involved is squarely covered by the judgment of this Court in Rameshwar Prasad Shrivastava & Ors. vs. Dwarkadhis Projects Private Ltd. & Ors. [(2019) 2 SCC 417] wherein this Court has relegated the parties to the State Commission with certain observations.
Following the judgment passed in Rameshwar Prasad Shrivastava (supra), the special leave petition stands disposed of. The appellants Signature Not Verified shall approach the Delhi State Consumer Disputes Digitally signed by GULSHAN KUMAR ARORA Date: 2019.10.04 Redressal Commission (State Commission).
17:14:48 IST Reason: If the State Commission
is so approached, the matter shall not be proceeded de novo but from the stage at which it was before the National Commission, that 2 is to say, that the matter shall be proceeded with on the strength of the same pleadings and evidence as before the National Commission. The file of the National Commission shall be sent to the State Commission.
With these observations, the appeal stands disposed of. There shall be no order as to costs.
……………………………………………………………………,J.
(Mohan M. Shantanagoudar) ……………………………………………………………………,J.
(Ajay Rastogi) New Delhi;
September 30, 2019.
ITEM NO.39 COURT NO.10 SECTION XVII
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Civil Appeal No(s). 2908/2018
SUBHASH CHANDER MAHAJAN & ORS. Appellant(s)
VERSUS
ASSOTECH REALTY PVT. LTD. Respondent(s)
(IA No. 129160/2019 - EARLY HEARING APPLICATION) Date : 30-09-2019 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE MOHAN M. SHANTANAGOUDAR HON'BLE MR. JUSTICE AJAY RASTOGI For Appellant(s) Mr. Sharan Sethi, Adv.
Mr. Kumar Dushyant Singh, AOR For Respondent(s) Mr. Pradeep Aggarwal, Adv.
Mr. Lal Pratap Singh, Adv.
Mr. Umesh Pratap Singh, Adv.
Mr. Yash Raj, Adv.
Ms. Ruchi Kohli, AOR UPON hearing the counsel the Court made the following O R D E R The appeal stands disposed of in terms of the signed order. There shall be no order as to costs.
(GULSHAN KUMAR ARORA) (R.S. NARAYANAN)
COURT MASTER COURT MASTER
(Signed order is placed on the file)