Supreme Court - Daily Orders
Jai Prakash Associates Ltd. vs Jaypee Kasablanca Buyers Welfare ... on 1 May, 2023
Bench: Ajay Rastogi, Bela M. Trivedi
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. OF 2023
(@ CIVIL APPEAL Diary No(s). 35199/2022)
JAI PRAKASH ASSOCIATES LTD. APPELLANT(s)
VERSUS
JAYPEE KASABLANCA BUYERS
WELFARE ASSOCIATION RESPONDENT(s)
ORDER
Delay condoned.
Intervention application is allowed. The present appeals are directed against the orders of National Consumers Disputes Redressal Commission (hereinafter referred to as ‘the National Commission’) dated 27.05.2022 and 04.08.2022 passed in CC No. 2588 of 2017 and R.A No. 165 of 2022 filed at the instance of the respondent/complainant who is the alleged home buyer. The National Commission under its order dated 27.05.2022 accepted the complaint instituted by the complainant/respondent and passed the following order:
Signature Not Verified “13. We are, therefore, inclined to find merit in the Digitally signed by Ashwani Kumar Date: 2023.05.02
complaint. The complaint is allowed and accordingly disposed 18:24:15 IST Reason: off with the following directions:
(a) The opposite party shall refund the entire amounts deposited by the 22 complainants from the 2 respective dates of deposit with interest @ 9% till the date of repayment;
(b) Opposite party shall pay litigation cost of Rs.
25,000/ to the individual complainants before us;
(c) Compliance of this order shall be done within three months failing which penal interest @ 12% simple interest shall be paid till the date of payment.” The review application later filed came to be decided with the following directions vide order dated 04.08.2022:
“4.Hence, we find that there is an error apparent on the face of the record in the final order dated 27 th May, 2022 which needs to be corrected. In view of the above, the review application filed by the complainant is allowed and the following directions are hereby passed:
(i)The opposite party shall refund the entire amounts deposited by the 18 complainants from the respective dates of deposit with interest @ 9% till the date of repayment.
(ii)The opposite party shall pay litigation cost of Rs.
25,000/ to the individual complainants before us;
(iii) Compliance of this order shall be done within three months failing which penal interest @ 12% simple interest shall be paid till the date of payment.” The parties took a wise decision to settle and it is in their own interest to settle their ongoing dispute and they have finally arrived at a settlement on the terms agreed dated 29.04.2023 which is annexed along with the interlocutory application.
Interlocutory application for placing on record the settlement dated 29.04.2023 is allowed and the settlement terms agreed by the 3 parties are taken on record.
After hearing learned counsel for the parties, we are inclined to dispose of these appeals in view of the settlement terms dated 29.04.2023 which has been entered into by them without any duress under Section Order XXII Rule 3 CPC and each of the party has made its own statement on instructions that they will comply with the terms and conditions as agreed of which cognizance has been taken by this Court.
The order of National Commission dated 27.05.2022 followed with order dated 04.08.2022 stands modified in terms of the settlement terms dated 29.04.2023 and the appeals are accordingly disposed of with a further direction that application, if any, being filed by the appellant and/or M/s. CRC Homes Pvt. Ltd. before the Uttar Pradesh RERA and/or NOIDA Authority, the same be decided on its own merits expeditiously in accordance with law.
Pending application(s), if any, shall stand disposed of.
….......................J. [ AJAY RASTOGI ] ............................J. [ BELA M. TRIVEDI ] New Delhi;
MAY 01, 2023.
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ITEM NO.13 COURT NO.5 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
CIVIL APPEAL Diary No(s). 35199/2022 (Arising out of impugned final judgment and order dated 27-05-2022 in CC No. 2588/2017 & 04-08-2022 in RA No. 165/2022 passed by the National Consumers Disputes Redressal Commission, New Delhi) JAI PRAKASH ASSOCIATES LTD. Petitioner(s) VERSUS JAYPEE KASABLANCA BUYERS WELFARE ASSOCIATION Respondent(s) (IA No.31040/2023-CONDONATION OF DELAY IN FILING and IA No.31043/2023-STAY APPLICATION and IA No.31041/2023-CONDONATION OF DELAY IN REFILING / CURING THE DEFECTS IA No. 49089/2023 - INTERVENTION/IMPLEADMENT IA No. 50767/2023 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES IA No. 34461/2023 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES Date : 01-05-2023 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE AJAY RASTOGI HON'BLE MS. JUSTICE BELA M. TRIVEDI For Petitioner(s) Mr. Parag P. Tripathi, Sr. Adv.
Mr. Vishal Gupta, AOR Mr. Sumeet Sharma, Adv.
Mr. Tenzen Tashi Negi, Adv.
Ms. Mishika Bajpayee, Adv.
Mr. Sanjay Ghosh, Sr. Adv.
Dr. Garrukh Khan, Adv.
Mr. J.H. Jafri, Adv.
Ms. Akanksha Singh, Adv.
Ms. Samriti S., Adv.
Ms. Yashi Sharma, Adv.
For Respondent(s) Mr. Ninad Laud, Adv.
Mr. Ivo Dcosta, Adv.
Ms. Aditi Phatak, Adv.
Mr. Sahil Tagotra, AOR Mr. Krishnan Venugopal, Sr. Adv.
Mr. Sachin Pujari, Adv.
5UPON hearing the counsel the Court made the following O R D E R Delay condoned.
Intervention application is allowed. The appeals are disposed in terms of the signed order. Pending application(s), if any, stands disposed of accordingly.
(ASHWANI KUMAR) (VIRENDER SINGH) ASTT. REGISTRAR-cum-PS BRANCH OFFICER
(Signed order is placed on the file)