Supreme Court - Daily Orders
The Estate Officer (H) Greater Mohali ... vs Gagan Kakkar on 12 April, 2019
Bench: D.Y. Chandrachud, Hemant Gupta
1
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO(S). 3917 OF 2019
(@ SLP(C) No. 6711/2019)
THE ESTATE OFFICER (H) GREATER MOHALI AREA
DEVELOPMENT AUTHORITY Appellant(s)
VERSUS
GAGAN KAKKAR Respondent(s)
O R D E R
Leave granted.
Aggrieved by an order of the District Consumer Disputes Redressal Forum, Mohali1, the appellant filed an appeal before the State Consumer Disputes Redressal Commission, Punjab2 with a delay of 124 days. The delay was not condoned.
In revision, this order of the SCDRC has been affirmed by the National Consumer Disputes Redressal Commission3 on 21 August 2018.
In pursuance of the notice issued by this Court on 11 March 2019, the learned counsel for the respondent has appeared.
Having regard to the reasons furnished for condonation of a delay of 124 days, we are of the view that both the SCDRC, Signature Not Verified and in revision the NCDRC, have taken an unduly technical view Digitally signed by MANISH SETHI Date: 2019.04.16 16:53:29 IST Reason: of the matter. The delay ought to have been condoned.
1 “Consumer Forum” 2 “SCDRC” 3 “NCDRC” 2 We accordingly, allow the appeal and set aside the orders dated 21 August 2018 of the NCDRC and 21 December 2016 of the SCDRC. The delay shall stand condoned.
The SCDRC is requested to take up the appeal for early disposal and to endeavour an expeditious disposal within a period of two months of the receipt of a certified copy of this order.
However, we direct that the appellant shall pay costs quantified at Rs 25,000 to the respondent within a period of four weeks from today, which shall be a condition precedent.
The appeal is allowed in the above terms. Pending application(s), if any, shall also stand disposed of.
.............................J. (DR. DHANANJAYA Y. CHANDRACHUD) .............................J. (HEMANT GUPTA) NEW DELHI APRIL 12, 2019 3 ITEM NO.49 COURT NO.11 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) No(s). 6711/2019 (Arising out of impugned final judgment and order dated 21-08-2018 in RP No. 805/2017 passed by the National Consumers Disputes Redressal Commission, New Delhi) THE ESTATE OFFICER (H) GREATER MOHALI AREA DEVELOPMENT AUTHORITY Petitioner(s) VERSUS GAGAN KAKKAR Respondent(s) Date : 12-04-2019 This petition was called on for hearing today. CORAM :
HON'BLE DR. JUSTICE D.Y. CHANDRACHUD HON'BLE MR. JUSTICE HEMANT GUPTA For Petitioner(s) Mrs. Rachana Joshi Issar, AOR K. Vaijayanthi, Adv.
Mr. Shailabh Pandey, Adv.
For Respondent(s) Ms. Namita Kandhari, Adv. Mr. Nar Hari Singh, AOR UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeal is allowed in terms of the signed order.
Pending application(s), if any, shall stand disposed of.
(MANISH SETHI) (SAROJ KUMARI GAUR) COURT MASTER (SH) BRANCH OFFICER (Signed order is placed on the file)