LexDLF HOMES PANCHKULA (P) LTD. THROUGH ITS AUTHORISED SIGNATORY MR. SHIV KUMAR versus SUSHILA DEVI AND ANR. ETC.
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A B C D E F G H 739 DLF HOMES PANCHKULA (P) LTD. THROUGH ITS AUTHORISED SIGNATORY MR. SHIV KUMAR v. SUSHILA DEVI AND ANR. ETC. (Civil Appeal Nos. 2285-2330 of 2019) FEBRUARY 26, 2019 [UDAY UMESH LALIT AND HEMANT GUPTA, JJ.] Consumer Protection Act, 1986: Complaint of deficiency in service – Against the developer of property – Alleging delayed delivery of possession of apartments – Some of the complainants sought refund of all the money they had paid while others sought compensation for delayed delivery with possession of the apartment – State Consumer Disputes Redressal Commission allowing the complaints directed refund of deposited amounts with interest @ 15% p.a. and with lesser rate in others and compensation – Similar directions were passed in cases of delayed delivery of possession – Appeal filed before National Consumer Disputes Redressal Commission by the Developer – The Developer however objected that the appeals could not be proceeded with as there was not even one Judicial Member on the Bench – National Commission reserved the matters for orders by its order dated 1.8.2018 – Review petition filed by the Developer was rejected by order dated 8.8.2018 – In petition u/Art.227 of the Constitution against the orders dated 1.8.2018 and 8.8.2018, High Court stayed the operation of the order of the National Commission – Thereafter, National Commission passed reasoned judgment on 7.9.2018 affirming the order of State Commission – However, in view of the stay order of the High Court, it observed that judgment dated 7.9.2018 would remain stayed till further orders by High Court – Present appeals by the Developers as well as some of the complainants – Held: All the parties agreed for disposal of the cases in terms of understanding as per the governing principles set out – Matter disposed of on the agreed understanding as settled by the parties. [2019] 2 S.C.R. 739 739 A B C D E F G H 740 SUPREME COURT REPORTS [2019] 2 S.C.R. CIVIL APPELLATE JURISDICTION : Civil Appeal Nos. 2285-2330 of 2019. From the Judgment and Order dated 07.09.2017 of the National Consumer Disputes Redressal Commission, New Delhi in First Appeal Nos. 382, 447, 879, 881, 648, 649, 650, 651, 982, 1145, 1146, 1147, 1315, 767, 1158, 1347, 1348, 1349, 1351, 1352, 1576, 1577, 1579, 1580, 1581, 1582, 1583, 1584, 1586, 1587, 1589, 1590, 1591, 1592, 1593, 1594, 1595, 1598, 1601, 1623, 1578, 1599, 1600, 1622, 1625 of 2016, 1643, 453 and 638 of 2017. WITH Special Leave Petition (Civil) Nos.931, 939 and 968 of 2019, Civil Appeal No.2354 of 2019. Pinaki Misra, Sr. Adv., Amarjeet Singh, Narender Yadav, R. N. Karanjawala, Ms. Ruby Singh Ahuja, Ms. Deepti Sarin, Nakul Gandhi, Sahil Monga, Ms. Manik Karanjawala, Ms. Kanika Agnihotri, Ms. Seema Sundd, Pravin Bahadur, Saurabh Kumar, Prabhat Ranjan, Aditya Singh, Ms. Swikriti Singhania, Alabhay D., Ms. Shreyansi Goel, Kartik Nayar, M/s. Karanjawala & Co., Ranbir Singh Yadav, Puran Mal Saini, Ms. Anzu K. Verkey, Pati Raj Yadav, B. Rajesh, Ankur Bansal, Anuj Arora, Dr. M. K. Ravi, Ms. Aruna Tilekar, Ms. Priya Puri, Ms. Vineeta Meghrajani, Anand S. Jha, Md. Ali, Ankit Gupta, Akash Vashisth, Ranvijay Singh, Siddharth Mittal, Hari Om Yaduvanshi, Dr. Monika Gusain, Sandeep Chhabra, Jinendra Jain, Dinesh Chander Trehan, Ms. Astha Tyagi, Rajesh Kumar Chaurasia, Sudhir Kathapalia, Anant Agarwal, Ms. Sweta Rani, Siddharth Batra, Nikhlesh, Naveen Sheokand, Ashok Kashyap, Vishwa Pal Singh, Nikilesh Ramachandran, Advs. for the appearing parties. The Judgment of the Court was delivered by UDAY UMESH LALIT, J. 1. Leave granted in all matters, except Special Leave Petition (Civil) Nos.931 of 2019, 939 of 2019 and 968 of 2019. Re: Appeals arising out of Special Leave Petition (Civil) Nos.928-976 of 20191 (DLF Homes Panchkula (P) Ltd. Through its Authorised Signatory Mr. Shiv Kumar v. Sushila Devi and another2 2. These appeals are directed against the final judgment and order dated 07.09.2018 passed by the National Consumer Disputes Redressal Commission, New Delhi (hereinafter referred to as ‘the National Commission’) in First Appeal Nos.382/2016, 447/2016, 453/2017, 1[Except Special Leave Petition (Civil) Nos.931 of 2019, 939 of 2019 and 968 of 2019] 2(Appeals by the Developer) A B C D E F G H 741 648/2016, 649/2016, 650/2016, 651/2016, 767/2016, 879/2016, 881/2016, 1145/2016, 1146/2016, 1147/2016, 1158/2016, 1315/2016, 1347/2016, 1348/ 2016, 1349/2016, 1351/2016, 1352/2016, 1576/2016, 1577/2016, 157
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