Supreme Court - Daily Orders
Manoj Verma vs Jaipuria Infrastructure Developers ... on 8 August, 2017
Bench: Madan B. Lokur, Deepak Gupta
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
Civil Appeal No(s). 338/2017
MANOJ VERMA & ORS. Appellant(s)
VERSUS
JAIPURIA INFRASTRUCTURE DEVELOPERS PVT. LTD. Respondent(s)
O R D E R
Despite service, there is no appearance on behalf of the respondent.
We have gone through the judgment and order passed by the National Consumer Disputes Redressal Commission in Consumer Complaint No. 38/2007.
In our opinion, the National Commission has taken a restrictive view on the interpretation of Section 12(1) (c) of the Consumer Protection Act, 1986.
The appellants had led evidence in the matter and we are told that the matter was finally heard and judgment was reserved. Rather than delivering the judgment on merits, the National Commission dismissed the matter on the ground that it was not maintainable since it was filed on a joint complaint.
As mentioned above, the interpretation given by the National Commission to Section 12(1)(c) is a little restrictive. The Consumer Protection Act, 1986 is intended to benefit the consumers and perhaps that seems to have been Signature Not Verified overlooked by the National Commission. Digitally signed by MEENAKSHI KOHLI Date: 2017.08.17 17:10:30 IST Reason:
Under the circumstances, we set aside the order passed by 1 the Commission and remand the matter for disposal on merits. The civil appeal is allowed.
…....................J. [MADAN B. LOKUR] …....................J. [DEEPAK GUPTA] NEW DELHI;
AUGUST 08, 2017.
2 ITEM NO.14 COURT NO.5 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). 338/2017 MANOJ VERMA & ORS. Appellant(s) VERSUS JAIPURIA INFRASTRUCTURE DEVELOPERS PVT. LTD. Respondent(s) Date : 08-08-2017 This appeal was called on for hearing today. CORAM : HON'BLE MR. JUSTICE MADAN B. LOKUR
HON'BLE MR. JUSTICE DEEPAK GUPTA For Appellant(s) Mr. Ankur Sood, AOR Mr. Gaurav Ray, Adv.
Romila Mandal, Adv.
For Respondent(s) UPON hearing the counsel the Court made the following O R D E R The civil appeal is allowed in terms of the signed order. (MEENAKSHI KOHLI) (SHARDA KAPOOR) COURT MASTER ASSISTANT REGISTRAR [Signed order is placed on the file] 3