ITEM NO.19 Court 10 (Video Conferencing) SECTION XVII-A

S U P R E M E C O U R T O F I N D I A

RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) No(s). 8301/2021

(Arising out of impugned final judgment and order dated 02-03-2021

in FA No. 25/2021 passed by the National Consumer Disputes

Redressal Commission, New Delhi)

JAYSHREE TEA AND INDUSTRIES LTD. Petitioner(s)

VERSUS

UTTAM KUMAR CHATTERJEE & ORS. Respondent(s)

(FOR ADMISSION and I.R. and IA No.72606/2021-EXEMPTION FROM FILING

C/C OF THE IMPUGNED JUDGMENT and IA No.72607/2021-PERMISSION TO

FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES )

Date : 09-07-2021 This petition was called on for hearing today.

CORAM : HON'BLE MS. JUSTICE INDIRA BANERJEE

HON'BLE MR. JUSTICE V. RAMASUBRAMANIAN

For Petitioner(s)

Mr. Partha Sil, AOR

Mr. Tavish B. Prasad, Adv.

For Respondent(s)

UPON hearing the counsel the Court made the following

O R D E R

Heard learned counsel for the petitioner.

In the facts and circumstances of this case we are not

inclined to interfere with the judgment and order impugned under

Article 136 of the Constitution of India.

Mr. Partha Sil, learned counsel appearing for the petitioner

submits that in the order passed by the State Consumer Disputes

Redressal Commission, West Bengal, there is a direction which reads

as under :-

Digitally signed by

SUNIL KUMAR

Date: 2021.07.10

10:02:45 IST

Reason:

Signature Not Verified

2

“(i) The Opposite Party No.1 is directed to give

specific allotment letter showing open/covered

car parking space to the complainants in

accordance with Clause 1.13 (Inner page 14) of

the deed of conveyance dated 29.01.2007 and to

ensure free ingress and egress of the

complainants car in the said parking after

following the provisions of Rules 77 and 78 of

the Kolkata Municipal Corporation Buildings

Rules, 2009 within 60 days from date;”

Mr. Sil submits that the Kolkata Municipal Corporation

Building Rules, 2009 are not applicable to the building in question

which had been completed before the said Building Rules came into

force.

In exercise of power under Article 142 of the Constitution of

India, we modify the said order to the limited extent that

reference to the Kolkata Municipal Corporation Rules, 2009, shall

be read as the applicable Municipal Corporation Rules.

Needless to mention that the Alipore Mangalam Resident Welfare

Association, being the Respondent No.3 to these proceedings, shall

ensure that the directions of the State Consumer Disputes Redressal

Commission, West Bengal are duly complied with.

The special leave petition is, accordingly, disposed of.

Pending applications, if any, stand disposed of.

(MANISH ISSRANI) (MATHEW ABRAHAM)

COURT MASTER(SH)

COURT MASTER(NSH)