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DELHI HIGH COURT
C.HARI SHANKAR
DLF Homes Rajapura Pvt. Ltd. – Appellant
Versus
O.P. Mehta – Respondent
| Table of Content |
|---|
| 1. factual background of the consumer case. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. petitioner argues complaint abated due to legal requirements. (Para 13 , 14 , 18 , 19 , 20) |
| 3. court analyses petitioner's arguments against ncdrc decision. (Para 16 , 17 , 32 , 33) |
| 4. court establishes application of order xxii rules. (Para 31 , 41 , 44) |
| 5. court quashes ncdrc's impugned order for lack of sufficient cause. (Para 80 , 81 , 82 , 83) |
JUDGMENT
Factual Backdrop
1. Consumer Case No. 697/2018 was preferred by O.P. Mehta and Siddharth Wadia, the respondents herein, against the petitioner DLF Homes Rajapura Pvt Ltd, before the learned National Consumer Disputes Redressal Commission ("the learned NCDRC") under Section 12(1)(c)1 read with Section 13(6)2 of the Consumer Protection Act, 1986 ("the Act", hereinafter) read with Order I Rule 83 of the Code of Civil Procedure, 1908 (CPC).
2. Consumer Case No. 697/2018 would be referred to, hereinafter, as "the complaint".
3. Consumer Case No. 697/2018 was filed as a "joint consumer complaint", and was stated to have been "preferred in a representative capacity ....for the benefit of entire class of persons having the same interest", bef
A consumer complaint abates upon the death of a complainant if legal heirs are not substituted within the stipulated time; sufficient cause must be shown for condoning delays in such substitution app....
Article 227 operates within a narrower compass than appellate jurisdiction. Where, therefore, scope of interference with discretionary orders is limited even in exercise of appellate jurisdiction, sc....
Discretion for condonation of delay under Section 13 of Consumer Protection Act,1986 is specifically circumscribed by Statute.
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