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DELHI HIGH COURT
ASHA MENON
TDI Infratech Ltd. – Appellant
Versus
Nirupama Marwaha – Respondent
| Table of Content |
|---|
| 1. petitioner challenges ncdrc order. (Para 1 , 2) |
| 2. arguments for waiver and consumer status. (Para 3 , 4 , 5 , 6) |
| 3. court's limitations on article 227 jurisdiction. (Para 7 , 8 , 9 , 10 , 11 , 12) |
| 4. court grants extension for deposit. (Para 13 , 14 , 15) |
JUDGMENT
Asha Menon, J. This petition has been filed under Article 227 of the Constitution of India impugning the order dated 17th November, 2020 (hereinafter referred to the impugned order) passed by the learned National Consumer Disputes Redressal Commission ("NCDRC" for short).
2. Ms. Kanika Agnihotri, learned counsel for the petitioner has submitted that the petitioner Company is in the business of development of real estate in the form of integrated township comprising of residential and commercial flats of various dimensions, residential apartments, Villas, multiplexes and malls. The respondents had got themselves registered for provisional allotment of a shop-cum-office admeasuring 750 sq.fit in TDI City, Sector 118, SAS Nagar, Mohali, Punjab against a basic sale consideration of Rs.31,23,520/-. A complaint was filed by the respondents with the State Consumer Disputes Redressal Commission, Punjab, Chandiga
High Court's jurisdiction under Article 227 is limited to supervisory oversight, not appellate review; status as 'consumer' under the Consumer Protection Act does not apply to commercial property pur....
The central legal point established in the judgment is the limited jurisdiction under Article 227 of the Constitution of India and the authority of the NCDRC to consider the merits of the appeal.
The main legal point established is that a party should not suffer due to the mistake of its counsel, and that the court's jurisdiction to entertain a writ petition is determined by the territories w....
The power under Article 227 is intended to be used sparingly and only in appropriate cases, for the purpose of keeping the subordinate courts and tribunals within the bounds of their authority and no....
The liability of the builder to deliver possession within the stipulated period and the discretionary nature of imposing penal interest.
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