Delhi High Court - Orders
Iifl Securities Ltd. (Formerly India ... vs Mamta Tyagi on 6 March, 2024
$~57
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CM(M) 2046/2024
IIFL SECURITIES LTD. (FORMERLY
INDIA INFOLINE LTD.) AND ANR. ..... Petitioners
Through: Ms.Devmani Bansal, Adv.
versus
MAMTA TYAGI ..... Respondent
Through:
CORAM:
HON'BLE MS. JUSTICE SHALINDER KAUR
ORDER
% 06.03.2024 CM APPL.13885/2024 (exemption)
1. Allowed, subject to all just exceptions.
2. Application stands disposed of.
CM(M) 2046/2024
3. Present petition has been filed under Article 227 of the Constitution of India impugning the order dated 06.11.2023 passed by learned National Consumer Disputes Redressal Commission (hereinafter referred as „NCDRC‟) in Revision Petition No.4088/2009.
4. Learned counsel submits that the respondent herein on 17.11.2006 filed a consumer complaint being CC No.455/2006 before the learned District Consumer Dispute Redressal Commission, Haridwar thereby seeking recovery of Rs.6,30,648/- and compensation towards mental agony and litigation costs. The said complaint was contested by the petitioners 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 11/03/2024 at 22:29:40 herein by filing written statement.
5. However, vide order dated 29.05.2008, learned District Forum allowed the complaint filed by the respondent. The petitioner, being aggrieved by the said order, filed an appeal before learned State Consumer Disputes Redressal Commission, Uttarakhand being F.A. No.144/2008. Vide order dated 08.07.2009, the State Commission without going into the merits of the case decided the legal issue raised by the petitioners and allowed the appeal thereby setting aside the order passed by the learned District Forum. Subsequently, respondents filed a revision petition bearing R.P. No.4088/2009 before learned NCDRC in the year 2009. The learned NCDRC had set aside the order of learned State Commission thereby holding that respondent is a consumer of the petitioner and was an occasional trader in the stock market. Hence, the petitioners aggrieved by the aforesaid order have preferred the present petition.
6. Upon taking necessary steps, issue notice through all permissible modes including via approved courier service.
7. List on 02.09.2024.
CM APPL.13884/2024-Stay
8. Subject to deposit of the principal amount of Rs.6,25,000/- within four weeks from today before the learned District Forum, the execution petition is stayed till the disposal of the present petition. Learned District Forum shall keep the deposited amount in FDR.
SHALINDER KAUR, J MARCH 6, 2024/ab 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 11/03/2024 at 22:29:40