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1 - 7 of 7 (0.22 seconds)Ibrat Faizan vs Omaxe Buildhome Pvt. Ltd. on 13 May, 2022
12. At the outset, one would have to appreciate the limited
jurisdiction that this Court exercises under Article 227 of the
Constitution of India. This Court is not to act as an Appellate
Court against the orders passed by the learned NCDRC. The
limited jurisdiction of a court under Article 227 of the
Constitution of India has been emphasized by the Supreme Court
in Ibrat Faizan v. Omaxe Buildhome Private Limited., 2022
SCC OnLine SC 620, wherein reliance was placed inter-alia on
the judgment in Garment Craft v. Prakash Chand Goel, (2022)
4 SCC 181, which in turn has held as under:-
M/S Garment Craft vs Prakash Chand Goel on 11 January, 2022
12. At the outset, one would have to appreciate the limited
jurisdiction that this Court exercises under Article 227 of the
Constitution of India. This Court is not to act as an Appellate
Court against the orders passed by the learned NCDRC. The
limited jurisdiction of a court under Article 227 of the
Constitution of India has been emphasized by the Supreme Court
in Ibrat Faizan v. Omaxe Buildhome Private Limited., 2022
SCC OnLine SC 620, wherein reliance was placed inter-alia on
the judgment in Garment Craft v. Prakash Chand Goel, (2022)
4 SCC 181, which in turn has held as under:-
Brigade Enterprises Limited vs Anil Kumar Virmani on 17 December, 2021
In Brigade Enterprises Ltd. v. Anil Kumar Virmani, (2022) 4
SCC 138, the Supreme Court explained the requirements of the
Section 12(1)(c) of the Act, holding that since "sameness of
interest" is the prerequisite for an under Order I Rule 8 of the
Code of Civil Procedure, 1908 read with Section 35(1)(c) of the
Consumer Protection Act, 2019 (which is pari materia to Section
12(1)(c) of the Act), it was necessary for the Complaints to
include in the complaint sufficient averments that would show
sameness of interest. It was further held that "sameness of
interest" is not the same as "sameness of the cause of action". In
allowing an application under Section 12(1)(c) of the Act, the
pleadings and the reliefs are to be considered. If the same does
not show "sameness of interest", the application under Section
12(1)(c) of the Act must be rejected, though the complaint itself
cannot be rejected.
Section 24A in The Consumer Protection Act, 1986 [Entire Act]
The Code of Civil Procedure, 1908
M/S. Taneja Developers And ... vs Sukhpal Singh Bullar & Anr. on 15 September, 2022
1. This petition has been filed challenging the Order dated
15.09.2022 passed by the learned National Consumer Disputes
Redressal Commission, New Delhi (hereinafter referred to as
„NCDRC‟) in First Appeal No. 180/2019, titled M/s Taneja
Developers and Infrastructure Ltd. v. Sukhpal Singh Bhullar &
Anr., whereby the learned NCDRC has been pleased to dismiss
the said appeal filed by the petitioner herein, and pass the
following directions:
1