Supreme Court - Daily Orders
Atharva Towers Owners Assosication vs Raheja Developers Ltd. on 14 March, 2016
Bench: Madan B. Lokur, N.V. Ramana
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 10602 of 2014
ATHARVA TOWERS OWNERS ASSOSICATION Appellant(s)
VERSUS
RAHEJA DEVELOPERS LTD. Respondent(s)
O R D E R
We have heard learned counsel for the parties. The only objection taken by the National Consumer Disputes Redressal Commission (for short 'the National Commission') concerns prayer Nos. (e), (f) and (g) in the complaint filed by the appellants.
We have gone through the prayers and it appears to us that since the dispute is pending before the National Commission, it will be appropriate if prayer Nos. (e), (f) and (g) are also considered and the National Commission looks into the grievance of each of the flat owners individually in respect of these particular prayers. No blanket order need be passed by the National Commission and indeed it may not be appropriate to do so. To effectively assist the National Commission, each flat owner will file an affidavit before the National Commission setting out his or her grievance concerning prayer Nos. (e), (f) and (g) with a copy to learned counsel for the respondent. Signature Not Verified Digitally signed by Meenakshi Kohli Date: 2016.03.17 15:25:21 IST Reason: Four weeks' time is granted to the respondent to file a reply before the National Commission after the affidavit is 1 filed by the individual flat owners. We have passed this order since we feel that it may not be appropriate to drive each individual flat owner to file a separate complaint in respect of the above prayers particularly when the complaint has been entertained with regard to the other prayers.
The civil appeal is disposed of on the above terms.
…....................J. [Madan B. Lokur] …....................J. [N.V. Ramana] NEW DELHI MARCH 14, 2016 2 ITEM NO.47 COURT NO.8 SECTION XVII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal No(s). 10602/2014 ATHARVA TOWERS OWNERS ASSOSICATION Appellant(s) VERSUS RAHEJA DEVELOPERS LTD. Respondent(s) (With appln. (s) for directions and office report) Date : 14/03/2016 This appeal was called on for hearing today. CORAM : HON'BLE MR. JUSTICE MADAN B. LOKUR HON'BLE MR. JUSTICE N.V. RAMANA For Appellant(s) Mr. M.L. Lahoty, Adv.
Mr. Paban K. Sharma, Adv.
Mr. Himanshu Shekhar,Adv.
For Respondent(s) Mr. Salman Khurshid, Sr. Adv.
Mr. Imtiaz Ahmed, Adv.
Mrs. Naghma Imtiaz, Adv.
Ms. Amra Moosavi, Adv.
For M/s. Equity Lex Associates UPON hearing the counsel the Court made the following O R D E R The civil appeal is disposed of in terms of the signed order.
(Meenakshi Kohli) (Jaswinder Kaur) Court Master Court Master
[Signed order is placed on the file] 3