Supreme Court - Daily Orders
Shri Kantilal Ghelabhai Shah (Dead) ... vs Rashmi Grihnirman Ltd. . on 4 July, 2016
Bench: Dipak Misra, C. Nagappan
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 6298-6299 OF 2016
(Arising out of SLP (C) No.18224-18225 of 2016 ( CC 232/16))
Shri Kantilal Ghelabhai Shah (Dead) Through LRs. … Appellant
VERSUS
Rashmi Grihnirman Ltd. & Ors. … Respondents
O R D E R
Leave granted.
Heard Mr. Pankaj Sharma, learned counsel for the appellant and Mr. R.P. Bhat, learned senior counsel along with Ms. Priya Puri, learned counsel who has entered appearance for the contesting respondents.
The present appeals, by special leave, are directed against the orders dated 25.05.2015 and 08.09.2015 passed by the National Consumer Disputes Redressal Commission, New Delhi (NCDRC) in Revision Petition No.697 of 2008 and Review Application No.138 of 2015 respectively.
Ordinarily, we would have stated the facts in detail but suffice it to state that though the appellant succeeded before the District Consumer Forum, Thane, the State Commission reversed the Signature Not Verified Digitally signed by GULSHAN KUMAR ARORA Date: 2016.07.22 same on the ground that the appellant had already filed a suit but 17:14:47 IST Reason:
did not prosecute the same. The said order has been affirmed by the NCDRC.2
Having heard learned counsel for the parties, we are of the considered opinion that the appellant should have a remedy and, therefore, the State Commission should advert to the merits of the case in detail. Be it noted, Mr. Bhat has submitted that the appellant had not paid any amount to the developer. Be that as it may, the appellate commission shall adjudicate all the aspects and record its findings proper perspective.
In view of the aforesaid, the orders passed by the NCDRC and that of the State Commission are set aside and the matter is remitted to the State Commission to hear the matter afresh. Needless to emphasise, it shall not be influenced by the suit being not prosecuted before the Civil Court.
The appeals are accordingly disposed of. Be it noted, we have passed this order as in Civil Appeal Nos. 5331-5332 of 2016, we have passed such orders. There shall be no order as to costs.
................,J.
(Dipak Misra) ................,J.
(C. Nagappan) New Delhi;
July 4, 2016.
ITEM NO.62 COURT NO.4 SECTION XVII
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C)......CC No(s).
232/2016
(Arising out of impugned final judgment and order dated 08/09/2015 in RA No. 138/2015 25/05/2015 in RP No. 697/2008 08/09/2015 in RP No. 697/2008 passed by the National Consumers Disputes Reddressal Commission, New Delhi) SHRI KANTILAL GHELABHAI SHAH (DEAD) THROUGH LRS. Petitioner(s) VERSUS RASHMI GRIHNIRMAN LTD. & ORS. Respondent(s) (with appln. (s) for c/delay in filing SLP and office report) Date : 04/07/2016 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE DIPAK MISRA HON'BLE MR. JUSTICE C. NAGAPPAN For Petitioner(s) Mr. Pankaj Sharma, Adv.
Mr. Mukesh Verma, Adv.
Mr. Pawan Kumar Shukla, Adv.
Mr. Yash Pal Dhingra,Adv.
For Respondent(s) Mr. R.P. Bhatt, Sr. Adv.
Mr. S.K. Sharma, Adv.
Mrs. Priya Puri,Adv.
UPON hearing the counsel the Court made the following O R D E R Delay condoned.
Leave granted.
The appeals are disposed of in terms of the signed order.
(Gulshan Kumar Arora) (H.S. Parasher)
Court Master Court Master
(Signed order is placed on the file)