Indian Kanoon - Search engine for Indian Law

Supreme Court - Daily Orders

Sridhar vs M/S. Ozone Projects Pvt Ltd on 24 January, 2025

Bench: Sanjay Karol, Prashant Kumar Mishra

                                           IN THE SUPREME COURT OF INDIA
                                            CIVIL APPELLATE JURISDICTION

                                       CIVIL APPEAL NO.         OF 2025
                                    (Arising out of SLP ( C)8008 OF 2024)

                         SRIDHAR                                               APPELLANT (S)

                                                            VERSUS

                         M/S. OZONE PROJECTS PVT LTD.                          RESPONDENT(S)

                                                   O R D E R

                      1       Leave granted.

                      2.      We   notice     that    the     instant      appellant’s      complaint

                      bearing      C.C.    No.04/2021      preferred      before   the    Tamil     Nadu

State Consumer Disputes Redressal Commission was dismissed in default vide order dated 30.08.2023. An appeal assailing the same was preferred by the appellant before the National Consumer Disputes Redressal Commission (for short `N.C.D.R.C’) which stands dismissed vide order dated 30.01.2024 passed by the N.C.D.R.C. in First Appeal No.33 of 2024 only on the ground of limitation. The same appears to have been filed beyond the period of limitation with a delay of 102/106 days.

3. We are of the considered view that the explanation preferred by the appellant for not appearing before the State Consumer Forum as also the delay in subsequently preferring an appeal stands sufficiently explained on record.

Digitally signed by RAJNI MUKHI Date: 2025.01.27 19:58:19 IST Reason: 1

4. The appellant had engaged an advocate, who had in fact not only appeared but also filed written arguments/submissions yet the forum recorded non representation.

5. As such, we quash and set aside the impugned order dated 30.01.2024 passed by the N.C.D.R.C. in First Appeal No. 33/2024 and remand the matter to the Tamil Nadu State Consumer Disputes Redressal Commission for deciding the matter, in accordance with law.

6. Parties to appear before the State Consumer Forum on 26.02.2025.

7 With the above observations, the appeal stands disposed of.

8. All contentions of the parties are left open.

..................J. (SANJAY KAROL) ......................J. (PRASHANT KUMAR MISHRA) NEW DELHI;

JANUARY 24,2025




                                        2
ITEM NO.56               COURT NO.17                  SECTION XVII-A

               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). 8008/2024 [Arising out of impugned final judgment and order dated 30-01-2024 in FA No. 33/2024 passed by the National Consumers Disputes Redressal Commission, New Delhi] SRIDHAR Petitioner(s) VERSUS M/S. OZONE PROJECTS PVT LTD Respondent(s) (FOR ADMISSION, I.R. IA No. 86475/2024 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES Date : 24-01-2025 This matter was called on for hearing today. CORAM :

HON'BLE MR. JUSTICE SANJAY KAROL HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA For Petitioner(s) :Mr. Sridhar Potaraju, Sr. Adv.

Mr. P. V. Yogeswaran, Adv. Mr. Ashish Kumar Upadhyay, AOR Mr. Y. Lokesh, Adv.

Mr. V. Kandha Prabhu, Adv. Mr. G. Karthikeyan, Adv.

Ms. Maitri Goal, Adv.

Mr. Harshit Vashisht, Adv. Mr. Aayush, Adv.

Mr. Lalit Mohan, Adv.

For Respondent(s) :Mr. Ashok Pandey, Adv.

UPON hearing the counsel the Court made the following O R D E R 1 Leave granted.

2. The appeal stands disposed of in terms of signed order.

3. Pending application(s) shall stand disposed of.

(RAJNI MUKHI)                                   (ANU BHALLA)
ASTT. REGISTRAR-cum-PS                        COURT MASTER (NSH)

(Signed order is placed on the file) 3