Supreme Court - Daily Orders
K. Shrinath Hebbar vs Schindler India Private Limited on 14 October, 2022
Bench: D.Y. Chandrachud, Hima Kohli
CA 7322/2022
1
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
Civil Appeal No 7322 of 2022
(Arising out of SLP (C) No 18271 of 2022 @ SLP(C) Diary No 46076 of 2019)
K Shrinath Hebbar and Others Appellants
Versus
Schindler India Private Limited and Others Respondents
ORDER
1 Delay condoned.
2 Leave granted.
3 The following order was passed by the National Consumer Disputes Redressal
Commission1 on 20 February 2019 in Consumer Case No 2653 of 2018:
“Learned counsel for the complainant/applicant has moved I.A. No.2899/2019 for early hearing.
It is seen from the complaint that there is misjoinder of the parties in the list of complainants as many parties who have not paid even a single penny to the opposite party have been Signature Not Verified 1“NCDRC” Digitally signed by CHETAN KUMAR Date: 2022.10.20 11:16:50 IST Reason: CA 7322/2022 2 clubbed together.
Learned counsel for the complainant is allowed to amend the complaint making only builder as a complainant as builder may have paid to the company which installed the lift. The complaint as' well as memo of parties may accordingly be. amended and may be filed within a period of two weeks. List the matter on 26.03.2019.
The date of 01.05.2019 stands cancelled.” 4 In pursuance of the above order, the consumer complaint was amended so as to retain only the name of the first appellant, the developer as a party to the complaint. The appeal has been filed thereafter with a delay of 211 days. 5 We have heard Mr S N Bhat, senior counsel appearing on behalf of the appellants and Mr Samiron Borkataky, counsel for the respondent. 6 Mr S N Bhat, senior counsel for the appellants states that the consumer complaint, being Consumer Case No 2653 of 2018 may be permitted to be withdrawn before the NCDRC at this stage with liberty reserved to the Atlantis Apartment Owners Association (second appellant) to institute a fresh complaint together with any other apartment owners who may have any independent grievance as against the respondent if they so desire. 7 We accordingly dismiss Consumer Case No 2653 of 2018 as withdrawn and grant liberty to the Atlantis Apartment Owners Association to institute any fresh complaint in the even that they seek to allege any deficiency of service CA 7322/2022 3 under the Consumer Protection Act against the respondent. 8 We clarify that we have not expressed any opinion on the merits of the complaint and all the rights and contentions of the parties are kept open. However, in view of the pendency of these proceedings, we direct that in the event if any such complaint is filed on or before 30 November 2022, the complaint shall be heard and disposed of on merits having due regard to the fact that the parties are bona fide pursuing their rights and remedies before this Court in the present proceedings. The bar of limitation will not in that event will come in the way.
9 The appeal is disposed of in the above terms. 10 Pending applications, if any, stand disposed of.
….....…...….......………………........J. [Dr Dhananjaya Y Chandrachud] ..…....…........……………….…........J. [Hima Kohli] New Delhi;
October 14, 2022
CKB
CA 7322/2022
4
ITEM NO.57 COURT NO.2 SECTION XVII-A
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
SPECIAL LEAVE PETITION (CIVIL) Diary No.46076/2019 (Arising out of impugned final judgment and order dated 20-02-2019 in CC No.2653/2018 passed by the National Consumers Disputes Redressal Commission, New Delhi) K. SHRINATH HEBBAR & ORS. Petitioner(s) VERSUS SCHINDLER INDIA PRIVATE LIMITED & ORS. Respondent(s) (With IA No.8062/2020 - CONDONATION OF DELAY IN FILING, IA No. 8065/2020 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT, IA No.10262/2020 - EXEMPTION FROM FILING O.T. and IA No.8064/2020 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) Date : 14-10-2022 These matters were called on for hearing today. CORAM :
HON'BLE DR. JUSTICE D.Y. CHANDRACHUD HON'BLE MS. JUSTICE HIMA KOHLI For Petitioner(s) Mr. S.N. Bhat, Sr. Adv.
Ms. Parvati Bhat, Adv.
Mr. Tarun Kumar Thakur, Adv. Mr. D.P. Chaturvedi, Adv. Mr. Anuj Verma, Adv.
Ms. Anuradha Mutatkar, AOR For Respondent(s) Mr. Samiron Borkataky, Adv.
Mr. Utkarsh Sharma, AOR CA 7322/2022 5 UPON hearing the counsel the Court made the following O R D E R 1 Delay condoned.
2 Leave granted.
3 The appeal is disposed of in terms of the signed order.
4 Pending applications, if any, stand disposed of.
(CHETAN KUMAR) (SAROJ KUMARI GAUR)
A.R.-cum-P.S. Assistant Registrar
(Signed order is placed on the file)