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Supreme Court - Daily Orders

K. Shrinath Hebbar vs Schindler India Private Limited on 20 January, 2020

Bench: D.Y. Chandrachud, Hrishikesh Roy

                                                    1

     ITEM NO.21                             COURT NO.7                 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(s).46076/2019

     (Arising out of impugned final judgment and order dated 20-02-2019
     in CC No. 2653/2018 passed by the National Consumer Disputes
     Redressal Commission, New Delhi)

     K. SHRINATH HEBBAR & ORS.                                          Petitioner(s)

                                                   VERSUS

     SCHINDLER INDIA PRIVATE LIMITED & ORS.                             Respondent(s)

     (WITH I.R. and IA No.8062/2020-CONDONATION OF DELAY IN FILING and
     IA No.8065/2020-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT
     and     IA    No.8064/2020-PERMISSION    TO     FILE    ADDITIONAL
     DOCUMENTS/FACTS/ANNEXURES)

     Date : 20-01-2020 This petition was called on for hearing today.

     CORAM :
                            HON'BLE DR. JUSTICE D.Y. CHANDRACHUD
                            HON'BLE MR. JUSTICE HRISHIKESH ROY

     For Petitioner(s)                Mr. S.N. Bhat, Adv.
                                      Ms. Anuradha Mutatkar, AOR

     For Respondent(s)


                          UPON hearing the counsel the Court made the following
                                                 O R D E R

On behalf of the petitioners, it has been submitted that the provisions of Section 2(1)(d)(i) of the Consumer Protection Act 1986 bring within the definition of the expression “consumer” not only a person who buys goods for consideration, but a user of such goods other than Signature Not Verified the person who buys the goods when such use is made with Digitally signed by SANJAY KUMAR Date: 2020.01.21 17:20:29 IST Reason: the approval of such person. Hence, it has been submitted that Petitioner Nos 3,4,5,6 and 7, who have been ordered 2 to be deleted from the array of parties, would fulfill the definition of the expression “consumer” in Section 2(1)(d)(i).

Issue notice on the application for condonation of delay in filing the Special Leave Petition and on the Special Leave Petition, returnable in six weeks. Dasti, in addition, is permitted.

 (SANJAY KUMAR-I)                      (SAROJ KUMARI GAUR)
    AR-CUM-PS                             COURT MASTER