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2025 Supreme(SC) 1487

SUPREME COURT OF INDIA
PAMIDIGHANTAM SRI NARASIMHA AND MANOJ MISRA, JJ.
Iris Pioneer Infraproject Private Limited - Appellant
Versus
Praveen Sachdeva And Others – Respondent
Civil Appeal No(s). 65, 66 of 2025 (@ Diary No. 54592/2024)
Decided on : 03-01-2025

Headnote:(A) Consumer Protection Act, 2019 - Order of the National Consumer Disputes Redressal Commission - Appeals against order dated 12.04.2024 regarding entitlement of allottees to payments as stated in paragraph 10 - Modification made to refer specifically to complainants. (Paras 3 - 5)

(B) Errors in Law - The court found no error in fact or in law in the original judgment of the Commission, therefore, no intervention was deemed necessary beyond the specified modification. (Paragraph 3)

Facts of the case:
The appeals concern an order from the National Consumer Disputes Redressal Commission stating entitlements related to a project, and both appeals were against orders dated April 12, 2024, and October 23, 2024, affecting the rights of allottees.

Findings of Court:
The Supreme Court recognized no factual or legal errors within the Commission's original judgment while altering the terminology in the judgment regarding entitlements.

Issues: The primary issues involved the recognition of complainants' rights in the project as articulated by the National Consumer Disputes Redressal Commission.

Ratio Decidendi: The Supreme Court maintained that there were no grounds for interference in the Commission's order and redefined the designation of complainants' rights in payments without finding errors in the original judgment.

Result: Civil Appeals disposed of with specified modifications.

Table of Content
1. delay condoned in civil appeals. (Para 1 , 2)
2. court modifies the commission's order. (Para 3 , 4 , 5)
3. civil appeals disposed with observations. (Para 6 , 7)

ORDER :

1. Delay condoned.

2. These civil appeals are against the order passed by the National Consumer Disputes Redressal Commission in Consumer Case No. 316 of 2020 dated 12.04.2024 and also in Review Application No. 313 of 2024 dated 23.10.2024.

3. Heard Mr. S. Pattajoshi, learned senior counsel appearing on behalf of the appellant(s). While we are not inclined to interfere with the judgment and order passed by the National Consumer Disputes Redressal Commission on the ground that there is neither an error in fact or in law, we modify the direction in paragraph 10 that 'the Allottees of the project are similarly entitled to' to read as 'the complainants are entitled to'.

4. Apart from the above, there shall be no other modification in the order passed by the National Consumer Disputes Redressal Commission.

5. In the facts and circumstances of the case, we direct that the payments to be made as per the judgment of the National Consumer Disputes Redressal Commission and the time for making the same is extended till 28.02.2025.

6. With these observations, the Civil Appeals are disposed of.

7. Pending application(s), if any, shall stand disposed of.

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