Full Judgment Text
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
: th
% Date of decision 08 July, 2024
+ CM(M) 2529/2024
SHIV SAGAR DEVELOPERS AND ORS .....Petitioners
Through: Mr. Anupam Dwivedi, Advocate.
versus
TILAK NAGAR AUDUMBAR COOPERATIVE HOUSING
SOCIETY .....Respondent
Through: None.
CORAM:
HON'BLE MR. JUSTICE MANOJ JAIN
J U D G M E N T (oral)
1. The present petition has been filed under Article 227 of the
Constitution of India challenging order dated 04.01.2024 passed by
Hon’ble National Consumer Disputes Redressal Commission (in short
‘NCDRC’) in First Appeal No.09/2016.
2. Admittedly, said Appeal had been filed before NCDRC
impugning order dated 07.12.2015 passed by the State Consumer
Disputes Redressal Commission, Maharashtra, in Complaint No.CC
200/2010.
3. Since the entire cause of action pertaining to the present
subject matter has arisen within the jurisdiction of Maharashtra,
relying upon order dated 04.03.2024 passed by the Hon’ble Supreme
Court in Siddhartha S Mookerjee vs. Madhab Chand Mitter , Civil
Signature Not Verified
1
CM(M) 2529/2024
Digitally Signed
By:SONIA THAPLIYAL
Signing Date:09.07.2024
14:05:25
Appeal Nos. 3915-16/2024, learned counsel for appellant prays that
he may be permitted to withdraw the present petition with liberty to
approach the jurisdictional High Court.
4. This Court has gone through said order wherein the Hon’ble
Supreme Court has, very categorically, observed that merely because
NCDRC had allowed revision petition, the jurisdiction would not vest
with Delhi High Court and observing that since the cause of action
had arisen in Kolkata and the matter had been dealt with by the State
Commission of West Bengal, it was held that the jurisdiction of High
Court of Calcutta should have been invoked.
5. The situation is precisely the same here, too.
6. The petition stands disposed of as withdrawn. Liberty, as
prayed for, is granted.
7. It is, however, made clear that this Court has not expressed any
opinion, whatsoever, over the merits of the case.
(MANOJ JAIN)
JUDGE
JULY 08, 2024/st
Signature Not Verified
2
CM(M) 2529/2024
Digitally Signed
By:SONIA THAPLIYAL
Signing Date:09.07.2024
14:05:25