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2019 DIGILAW 692 (SC)

Brig Beant Parmar v. Dlf Homes Panchkula Pvt. Ltd.

2019-02-15

INDU MALHOTRA, UDAY UMESH LALIT

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ORDER 1. We have heard learned counsel for the petitioners and Mr. Pinaki Misra, learned senior counsel for respondent no.1 on caveat. 2. In the present matter, by order dated 23.05.2018, the National Consumer Disputes Redressal Commission accepted the submission of the present petitioners and granted them permission to proceed with the complaint as a class action and also directed that public notice be issued under Order 1 Rule 8 of the Code of Civil Procedure, 1908, in the newspapers "Times of India" (English Edition) and "Navbharat Times" (Hindi Edition). The matter was directed to be listed on 23.10.2018. 3. Respondent no.1 thereafter carried the matter by way of a petition under Article 227 of the Constitution of India in the High Court of Delhi at New Delhi. The High Court vide its order dated 16.07.2018 stayed the operation of the order passed by the National Commission, which order is presently under challenge. 4. The submission of the petitioners is that though the order was passed on 16.07.2018, a copy of the order was served on them sometime on 24.08.2018 by which time the advertisements were already published in the newspaper. 5. Issue notice. 6. Pending further consideration, we stay operation of the order dated 16.07.2018 passed by the High Court, as a result of which the order dated 23.05.2018 passed by the National Commission shall become fully operative. 7. We direct the parties to appear before the National Commission on 19.02.2019 i.e. the date on which the matter is listed. 8. Let further proceedings be taken to the logical conclusion by the National Commission. In case, for any reason, the present petitioners wish to withdraw from the proceedings, appropriate number of applicant(s) can be substituted in their place and the matter shall be proceeded on merits. Considering the fact situation in the present matter, we request the National Commission to conclude the proceedings as expeditiously as possible. 9. List this matter on 26.04.2019. 10. In the meantime, the parties are at liberty to exchange the proceedings.