Delhi High Court - Orders
Imperia Structures Ltd vs Niti Dixit on 7 May, 2025
$~8
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CM(M) 2408/2024 & CM APPL. 24192/2024
IMPERIA STRUCTURES LTD .....Petitioner
Through: Mr. Rishi Kapoor, Mr. Azad B. and Mr.
Yash Gupta, Advocates.
versus
NITI DIXIT .....Respondent
Through: Mr. Daleep Dhyani, Advocate.
CORAM:
HON'BLE MR. JUSTICE MANOJ JAIN
ORDER
% 07.05.2025
1. The respondent herein had filed a complaint before the learned State Commission, Delhi seeking refund of Rs.44,45,051/- along with interest, besides compensation.
2. When the abovesaid complaint was taken up by the learned State Commission, it was dismissed on 11.09.2019. The arguments had already been heard by the learned State Commission on 29.08.2019.
3. The complaint was, however, dismissed in limine and there was a direction that the copy of the order be sent to both the parties, free of cost.
4. Feeling aggrieved by the abovesaid order, complainant knocked the doors of the learned National Consumer Disputes Redressal Commission (in short "NCDRC") and her appeal was registered as First Appeal No. 2303/2019.
5. The Appeal was taken up by the learned NCDRC on 22.01.2020 and while condoning the delay in filing the appeal, the appeal was allowed and the impugned order was set aside and the complaint was remanded back to learned State Commission, with direction to proceed further in accordance with law.
6. The grievance of the petitioner (opposite party before the State Commission) is very limited.
7. It is contended that without issuing any formal notice to the opposite side, CM(M) 2408/2024 1 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 29/06/2025 at 21:39:27 neither the delay should have been condoned nor the appeal should have been allowed.
8. Learned counsel for respondent, in all fairness, submits that there are no prior proceedings with respect to the abovesaid appeal and the abovesaid appeal was taken up by the learned NCDRC on 22.01.2020 for the first time and was disposed of same day.
9. He, however, submits that since the complaint had been earlier dismissed in limine by the learned State Commission, there was no real requirement of issuing any notice to the opposite party.
10. However, while hearing the arguments, the parties were also asked whether the matter can be amicably settled or not. Learned counsel for the petitioner submits that since the occupancy certificate has already been received with respect to the unit in question, he is ready for amicable settlement of the matter. Learned counsel for respondent has also no objection if the matter is referred for Mediation.
11. In view of the above, before passing any final order, it will be appropriate if the possibility of amicable solution is explored. With the consent of both the parties, the matter is, accordingly, referred for Mediation.
12. Parties are directed to appear before the Delhi High Court Mediation & Conciliation Centre on 13.05.2025 at 2:00 P.M.
13. Let the outcome be awaited for on 22.07.2025.
MANOJ JAIN, J MAY 7, 2025/ss/js CM(M) 2408/2024 2 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 29/06/2025 at 21:39:27