SURENDRA M MITTAL Vs. NATIONAL CONSUMER DISPUTES REDRESSAL
LAWS(DLH)-2007-9-100
HIGH COURT OF DELHI
Decided on September 17,2007

SURENDRA M.MITTAL Appellant
VERSUS
NATIONAL CONSUMER DISPUTES REDRESSAL Respondents

JUDGEMENT

SANJIV KHANNA, J. - (1.) The present Letters Patent Appeal is directed against order dated 2nd December, 2005 passed by the learned Single Judge dismissing the writ petition of the appellant. In the said writ petition, the appellant no.1 had challenged orders dated 9th May, 2002, 29th September, 2003 and 16th August, 2004 passed by the National Commission constituted under the Consumer Protection Act, 1986 (hereinafter referred to as the Act, for short).
(2.) The appellant, who appeared in person, argued that on 9th May, 2002, the National Commission had while reserving its order in First Appeal No. 49/1995 titled Ravinder Kumar versus Surender Kumar Mittal granted time to the parties to file their written synopsis and these were subsequently filed but the National Commission proceeded to dispose of the appeal itself on 9th May, 2002 by dictating an order in chamber. It was also stated by the appellant that no arguments were heard and addressed by parties on 9th May, 2002. Thus there has been violation of principles of natural justice. The subsequent orders also made subject matter of the writ petition, being orders dated 29th September, 2003 and 16th August, 2004, are passed by the National Commission on the review/recall applications filed by the appellant.
(3.) The appellant had entered into an agreement with the respondent No. 2, Mr. Ravinder Kumar for purchase of the second floor of property No. D-44/6, East of Kailash, New Delhi for a total cost of Rs.7,00,000/-. The second floor was to be constructed by the respondent no.2. The construction was to start in November, 1991 and was to be completed by end of April, 1992. The possession was however delivered to the appellant-claimant in August, 1992 after the respondent No.2-contractor had received the final payment in July, 1992. The appellant was not satisfied with the quality of construction and claimed Rs.1,00,000/- as devaluation of the work done with interest as well as damages for the delay in construction.;


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