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.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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