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M/S Taneja Developers And ... vs Harish Dhingra on 19 December, 2023

Author: Navin Chawla

Bench: Navin Chawla

                             $~28
                             *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                             +    CM(M) 2083/2023
                                  M/S TANEJA DEVELOPERS AND INFRASTRUCTURE
                                  LTD.                                   ..... Petitioner
                                                  Through: Ms.Kanika              Agnihotri,
                                                           Mr.Sachin Sharma, Advs.

                                                                            versus

                                       HARISH DHINGRA                                                                        ..... Respondent
                                                    Through:                                         Nemo

                                       CORAM:
                                       HON'BLE MR. JUSTICE NAVIN CHAWLA
                                                    ORDER

% 19.12.2023 CM APPL. 65373/2023 (Exemption)

1. Allowed, subject to all just exceptions.

2. This petition has been filed challenging the order dated 21.06.2023 passed by the learned National Consumer Disputes Redressal Commission, New Delhi (in short, 'NCDRC') in the First Appeal No.2276/2016, titled M/s Taneja Developers and Infrastructure Ltd v. Harish Dhingra, dismissing the said appeal filed by the petitioner herein and directing the petitioner to allot the plot of land to the respondent within a period of three months of the said order.

3. The learned counsel for the petitioner submits that the complaint filed by the respondent before the learned State Consumer Disputes Redressal Commission, Punjab (in short, 'State This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/12/2023 at 23:26:23 Commission') was itself barred by limitation. In support she places reliance on the letter dated 06.01.2012 addressed by the respondent to the petitioner, wherein the respondent admitted that the petitioner had informed the respondent that the allotment of plot of land in his favour has been cancelled. She submits that the complaint was filed only on or around 05.08.2014, thereby it being clearly barred by the limitation as prescribed under Section 24A of the Consumer Protection Act, 1986. She submits that the learned State Commission and the learned NCDRC, however, have wrongly stated that this would be a case of continuing cause of action. In support she has placed reliance on the judgment of the Supreme Court in Haryana Urban Development Authority and Ors. v. Tej Refrigeration Industries Ltd. (2013) 14 SCC 758.

4. Issue notice to the respondent to be served through all modes, returnable on 29th February, 2024.

5. Reply, if any, be filed within a period of three weeks of the receipt of the notice. Rejoinder thereto, if any, be filed within a period of two weeks thereafter.

6. In the meantime, there shall be a stay on the enforcement of the Impugned order dated 21.06.2023 of the learned NCDRC.

NAVIN CHAWLA, J DECEMBER 19, 2023/Arya Click here to check corrigendum, if any This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/12/2023 at 23:26:23