CA 6976/15 1 IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.6976 OF 2015 Mr. K. Umapathi alias Umapathi Appellant(s) K. Reddy and Another Versus M/s. Adarsh Developers and Others Respondent(s) O R D E R I.A. No.3 of 2016 This is an application for impleadment made on behalf of Sanjay Vitthalrao Shinde. Prayer stands allowed. I.A. No.3 of 2016 is, accordingly, disposed of. Civil Appeal No.6976 of 2015 In this civil appeal, the legal propriety of the order dated 21 st January, 2015, passed by the National Consumer Disputes Redressal Commission, New Delhi (for short, 'the National Commission') is called in question. The appellant had approached the National Commission claiming damages on the ground that there had been deficiency of service. The National Commission, as the impugned order would reflect, has declined to entertain the
CA 6976/15 2 complaint on the ground that there was a commercial transaction and, therefore, the lis before the National Commission was not maintainable. Ordinarily, we would have addressed to the controversy that has been decided by the National Commission, but Mr. Ratnakar Dash, learned senior counsel appearing for the appellant, being assisted by Mr. D.K. Thakur, learned counsel, has submitted that he would like to enter into a settlement with respondents. On the earlier occasion when the matter was listed, we had noted the submission of the learned counsel for the parties, which pertain to the area of settlement. However, in the meantime, an application for impleadment came to be filed at the instance of the subsequent contractee, who has entered into an agreement with the appellant. We have allowed the application for impleamdent. Despite the tripartite contest, we suggested the learned counsel for the parties to settle the matter and, after obtaining due instructions, they have agreed for a settlement. Having heard Mr. Ratnakar Dash, learned senior counsel for the appellant, Mr. Amit S. Chadha, learned senior counsel for the respondents and Mr. Sanjay R. Hegde, learned senior counsel appearing for the intervenor, Sanjay Vitthalrao Shinde, and keeping in view the concession given before us, we dispose of the appeal on the following terms:-
CA 6976/15 3 (a) The appellant shall sell the property to the intervenor at the government rate/circle rate, prevalent as on today, and the registration to that effect shall take place within eight weeks hence. (b) As the intervenor is in possession, he shall continue to remain in possession and after the sale deed is executed, he shall reap the benefits as per law. (c) M/s. Adarsh Developers shall be returned a sum of Rs.35 lacs (Rupees thirty-five lacs) by the intervenor, Sanjay Vitthalrao Shinde, within twelve weeks from today by way of a bank draft drawn on a nationalized bank. Needless to say, the said amount shall be paid on behalf of the appellant and at the time of registration, the said amount shall be deducted from the consideration amount. (d) All the litigations pending between the parties before any court shall be deemed to have been disposed of. The appeal is disposed of accordingly. There shall be no order as to costs. ......................J. (Dipak Misra ) ......................J. (N.V. Ramana) New Delhi; January 19 , 2016.
CA 6976/15 4 ITEM NO.2 COURT NO.4 SECTION XVII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal No.6976/2015 K. UMAPATHI ALIAS UMAPATHI K. REDDY AND ANR Appellant(s) VERSUS M/S ADARSH DEVELOPERS AND ORS. Respondent(s) (With office report) Date : 19/01/2016 This appeal was called on for hearing today. CORAM : HON'BLE MR. JUSTICE DIPAK MISRA HON'BLE MR. JUSTICE N.V. RAMANA For Appellant(s) Mr. Ratnakar Dash, Sr. Adv. Mr. D.K. Thakur, Adv. Mr. D. Jha, Adv. Mr. Lalan Chowdhry, Adv. Mr. Sushil Kumar, Adv. Mr. Nitin Kumar Thakur, AOR For Respondent(s) Mr. Amit S. Chadha, Sr. Adv. Ms. Srishti Govil, Adv. Mr. Balaji Srinivasan, AOR Mr. Dilpreet Singh, Adv. Ms. Vaishnavi Subrahmanyam, Adv. Mr. Mayank Kshirsagar, Adv. Ms. Pratiksha Mishra, Adv. Mr. Sanjay R. Hegde, Sr. Adv. Mr. Ashok Bannidinni, Adv. Mr. Nitin R. Kalshetti, Adv. Mr. Purushottam Sharma Tripathi, AOR
CA 6976/15 5 UPON hearing the counsel the Court made the following O R D E R I.A. No.3 of 2016 for impleadment is disposed of. The appeal is disposed of in terms of the signed order. (Chetan Kumar) Court Master (H.S. Parasher) Court Master (Signed order is placed on the file)
MATTER FOR : 19.01.2016 Court No. ITEM NO. SECTION XVII IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 6976 OF 2015 with INTERLOCUTORY APPLICATION NO. 3 OF 2016 (Application for impleadment) Mr. K. Umapathi Alias Umapathi K. Reddy & Anr. ...Appellants VERSUS M/s. Adarsh Developers and Others. ...Respondents OFFICE REPORT The matter above mentioned was listed before the Hon'ble Court on 07 th December, 2015 when the Court was pleased to pass the following order: “Mr. V. Shekhar, learned senior counsel appearing for the petitioners has submitted that the petitioners have a proposal to offer. Let the same be given in writing to the learned counsel for the respondents within a week hence. Learned counsel appearing for the respondents shall give the response to the petitioners in writing within ten days from the date of receipt of the proposal. Let the matter be listed on 19 th January, 2016.” It is submitted that Counsel for the appellant has on 08.12.2015 filed proposal to offer after serving the copy to the counsel of the respondents.(Copies are circulated herewith) Counsel for the respondents has not filed the response to the proposal so far. It is further submitted that Mr. Purshottam Sharma Tripathi, Advocate has on 12.01.2016 filed an application for impleadment along with Vakaltnama and the same is registered as I.A. No. 3 of 2016. (Copies are circulated hereewith) The matter abovementioned is listed before the Hon'ble Court with this office report. DATED THIS THE 16TH DAY OF JANUARY, 2016. ASSISTANT REGISTRAR Copy to : Mr. Nitin Kumar Thakur , Advocate Mr. Balaji Srinivasan, Advocate Mr. Purshottam Sharma Tripathi, Advocate ASSISTANT REGISTRAR
X*CA 6976/151IN THE SUPREME COURT OF INDIACIVIL APPELLATE JURISDICTIONCIVIL APPEAL NO.6976 OF 2015Mr. K. Umapathi alias Umapathi Appellant(s)K. Reddy and Another VersusM/s. Adarsh Developers and Others Respondent(s) O R D E R I.A. No.3 of 2016This is an application for impleadment made onbehalf of Sanjay Vitthalrao Shinde. Prayer stands allowed.I.A. No.3 of 2016 is, accordingly, disposed of.Civil Appeal No.6976 of 2015In this civil appeal, the legal propriety of theorder dated 21 st January, 2015, passed by the NationalConsumer Disputes Redressal Commission, New Delhi (forshort, 'the National Commission') is called in question.The appellant had approached the National Commissionclaiming damages on the ground that there had beendeficiency of service. The National Commission, as theimpugned order would reflect, has declined to entertain theCA 6976/152complaint on the ground that there was a commercialtransaction and, therefore, the lis before the NationalCommission was not maintainable.Ordinarily, we would have addressed to thecontroversy that has been decided by the NationalCommission, but Mr. Ratnakar Dash, learned senior counselappearing for the appellant, being assisted by Mr. D.K.Thakur, learned counsel, has submitted that he would like toenter into a settlement with respondents. On the earlieroccasion when the matter was listed, we had noted thesubmission of the learned counsel for the parties, whichpertain to the area of settlement. However, in themeantime, an application for impleadment came to be filed atthe instance of the subsequent contractee, who has enteredinto an agreement with the appellant. We have allowed theapplication for impleamdent. Despite the tripartite contest,we suggested the learned counsel for the parties to settlethe matter and, after obtaining due instructions, they haveagreed for a settlement.Having heard Mr. Ratnakar Dash, learned seniorcounsel for the appellant, Mr. Amit S. Chadha, learnedsenior counsel for the respondents and Mr. Sanjay R. Hegde,learned senior counsel appearing for the intervenor, SanjayVitthalrao Shinde, and keeping in view the concession givenbefore us, we dispose of the appeal on the following terms:-CA 6976/153(a) The appellant shall sell the property to theintervenor at the government rate/circle rate, prevalent ason today, and the registration to that effect shall takeplace within eight weeks hence.(b) As the intervenor is in possession, he shallcontinue to remain in possession and after the sale deed isexecuted, he shall reap the benefits as per law.(c) M/s. Adarsh Developers shall be returned a sum ofRs.35 lacs (Rupees thirty-five lacs) by the intervenor,Sanjay Vitthalrao Shinde, within twelve weeks from today byway of a bank draft drawn on a nationalized bank. Needlessto say, the said amount shall be paid on behalf of theappellant and at the time of registration, the said amountshall be deducted from the consideration amount.
(d) All the litigations pending between the partiesbefore any court shall be deemed to have been disposed of.The appeal is disposed of accordingly. There shallbe no order as to costs. ......................J.(Dipak Misra )......................J. (N.V. Ramana)New Delhi;January 19 , 2016.CA 6976/154ITEM NO.2 COURT NO.4 SECTION XVII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSCivil Appeal No.6976/2015K. UMAPATHI ALIAS UMAPATHI K. REDDY AND ANR Appellant(s) VERSUSM/S ADARSH DEVELOPERS AND ORS. Respondent(s)(With office report)Date : 19/01/2016 This appeal was called on for hearing today.CORAM : HON'BLE MR. JUSTICE DIPAK MISRA HON'BLE MR. JUSTICE N.V. RAMANAFor Appellant(s) Mr. Ratnakar Dash, Sr. Adv.Mr. D.K. Thakur, Adv.Mr. D. Jha, Adv.Mr. Lalan Chowdhry, Adv.Mr. Sushil Kumar, Adv. Mr. Nitin Kumar Thakur, AOR For Respondent(s) Mr. Amit S. Chadha, Sr. Adv.Ms. Srishti Govil, Adv. Mr. Balaji Srinivasan, AORMr. Dilpreet Singh, Adv.Ms. Vaishnavi Subrahmanyam, Adv.Mr. Mayank Kshirsagar, Adv.Ms. Pratiksha Mishra, Adv.Mr. Sanjay R. Hegde, Sr. Adv.Mr. Ashok Bannidinni, Adv.Mr. Nitin R. Kalshetti, Adv.Mr. Purushottam Sharma Tripathi, AORCA 6976/155 UPON hearing the counsel the Court made the following O R D E RI.A. No.3 of 2016 for impleadment is disposed of.The appeal is disposed of in terms of the signedorder.(Chetan Kumar)Court Master (H.S. Parasher)Court Master(Signed order is placed on the file)
ITEM NO.62 COURT NO.4 SECTION XVII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal No.6976 of 2015 K. UMAPATHI ALIAS UMAPATHI K. REDDY AND ANR Appellant(s) VERSUS M/S ADARSH DEVELOPERS AND ORS. Respondent(s) (With office report) Date : 07/12/2015 This appeal was called on for hearing today. CORAM : HON'BLE MR. JUSTICE DIPAK MISRA HON'BLE MR. JUSTICE PRAFULLA C. PANT For Appellant(s) Mr. V. Shekhar, Sr. Adv. Mr. D.K. Thakur, Adv. Mr. D. Jha, Adv. Mrs. Neelam Jha, Adv. Mr. Nitin Kumar Thakur, AOR For Respondent(s) Ms. Srishti Govil, Adv. Mr. Balaji Srinivasan, AOR Ms. Vaishnavi Subrahmanyam, Adv. Mr. Mayank Kshirasagar, Adv. UPON hearing the counsel the Court made the following O R D E R Mr. V. Shekhar, learned senior counsel appearing for the petitioners has submitted that the petitioners have a proposal to offer. Let the same be given in writing to the learned counsel for the respondents within a week hence. Learned counsel appearing for the respondents shall give the response to the petitioners in writing within ten days from the date of receipt of the proposal. Let the matter be listed on 19 th January, 2016. (Chetan Kumar) Court Master (H.S. Parasher) Court Master
Ú ITEM NO.62 COURT NO.4 SECTION XVII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal No.6976 of 2015 K. UMAPATHI ALIAS UMAPATHI K. REDDY AND ANR Appellant(s) VERSUS M/S ADARSH DEVELOPERS AND ORS. Respondent(s) (With office report) Date : 07/12/2015 This appeal was called on for hearing today. CORAM : HON'BLE MR. JUSTICE DIPAK MISRA HON'BLE MR. JUSTICE PRAFULLA C. PANT For Appellant(s) Mr. V. Shekhar, Sr. Adv. Mr. D.K. Thakur, Adv. Mr. D. Jha, Adv. Mrs. Neelam Jha, Adv. Mr. Nitin Kumar Thakur, AOR For Respondent(s) Ms. Srishti Govil, Adv. Mr. Balaji Srinivasan, AOR Ms. Vaishnavi Subrahmanyam, Adv. Mr. Mayank Kshirasagar, Adv. UPON hearing the counsel the Court made the following O R D E R Mr. V. Shekhar, learned senior counsel appearing for the petitioners has submitted that the petitioners have a proposal to offer. Let the same be given in writing to the learned counsel for the respondents within a week hence. Learned counsel appearing for the respondents shall give the response to the petitioners in writing within ten days from the date of receipt of the proposal. Let the matter be listed on 19th January, 2016.Signature Not VerifiedDigitally signed byGulshan Kumar AroraDate: 2015.12.0717:31:02 ISTReason: (Chetan Kumar) (H.S. Parasher) Court Master Court Master
ITEM NO.801 COURT NO.5 SECTION XVII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal No(s). 6976/2015 K. UMAPATHI ALIAS UMAPATHI K. REDDY AND ANR Appellant(s) VERSUS M/S ADARSH DEVELOPERS AND ORS. Respondent(s) Date : 01/12/2015 This appeal was orally mentioned today. CORAM : HON'BLE MR. JUSTICE DIPAK MISRA HON'BLE MR. JUSTICE PRAFULLA C. PANT For Appellant(s) Mr. Nitin Kumar Thakur, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Taken on Board. List the matter on 07.12.2015. (Gulshan Kumar Arora) (H.S. Parasher) Court Master Court Master
¾ ITEM NO.801 COURT NO.5 SECTION XVII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal No(s). 6976/2015 K. UMAPATHI ALIAS UMAPATHI K. REDDY AND ANR Appellant(s) VERSUS M/S ADARSH DEVELOPERS AND ORS. Respondent(s) Date : 01/12/2015 This appeal was orally mentioned today. CORAM : HON'BLE MR. JUSTICE DIPAK MISRA HON'BLE MR. JUSTICE PRAFULLA C. PANT For Appellant(s) Mr. Nitin Kumar Thakur, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Taken on Board. List the matter on 07.12.2015. (Gulshan Kumar Arora) (H.S. Parasher) Court Master Court MasterSignature Not VerifiedDigitally signed byGulshan Kumar AroraDate: 2015.12.0817:29:28 ISTReason:
CA 6976/2015 1 ITEM NO.45 COURT NO.5 SECTION XVII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal No.6976 of 2015 K. UMAPATHI ALIAS UMAPATHI K. REDDY AND ANR Appellant(s) VERSUS M/S ADARSH DEVELOPERS AND ORS. Respondent(s) (With office report) Date : 12/10/2015 This appeal was called on for hearing today. CORAM : HON'BLE MR. JUSTICE DIPAK MISRA HON'BLE MR. JUSTICE PRAFULLA C. PANT For Appellant(s) Mr. D.K. Thakur, Adv. Mr. Devendra Jha, Adv. Mr. Nitin Kumar Thakur, AOR For Respondent(s) Mr. Amit S. Chadha, Sr. Adv. Mr. Balaji Srinivasan, AOR Ms. Shrishti Govil, Adv. Mr. Mayank Kshirsagar, Adv. Ms. Vaishnavi Subrahmanyam, Adv. UPON hearing the counsel the Court made the following O R D E R Issue notice. As Mr. Amit S. Chadha, learned senior counsel, has entered appearance on behalf of all the respondents, no further notice need be issued. It is submitted by Mr. Chadha, learned senior counsel, that the developers are still willing to develop the
CA 6976/2015 2 area belonging to the appellants and share the same floor area as earlier agreed upon. It is also submitted by him that they will give a time schedule to this Court and not deviate from it. Learned counsel appearing for the appellant shall obtain instructions in this regard. List the matter in the first week of December, 2015. As there is a discussion with regard to the settlement between the parties, the appellant shall not proceed with the suit, which is pending before the civil court at Bangalore. (Chetan Kumar) Court Master (H.S. Parasher) Court Master
ì CA 6976/2015 1 ITEM NO.45 COURT NO.5 SECTION XVII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal No.6976 of 2015 K. UMAPATHI ALIAS UMAPATHI K. REDDY AND ANR Appellant(s) VERSUS M/S ADARSH DEVELOPERS AND ORS. Respondent(s) (With office report) Date : 12/10/2015 This appeal was called on for hearing today. CORAM : HON'BLE MR. JUSTICE DIPAK MISRA HON'BLE MR. JUSTICE PRAFULLA C. PANT For Appellant(s) Mr. D.K. Thakur, Adv. Mr. Devendra Jha, Adv. Mr. Nitin Kumar Thakur, AOR For Respondent(s) Mr. Amit S. Chadha, Sr. Adv. Mr. Balaji Srinivasan, AOR Ms. Shrishti Govil, Adv. Mr. Mayank Kshirsagar, Adv. Ms. Vaishnavi Subrahmanyam, Adv. UPON hearing the counsel the Court made the following O R D E R Issue notice. As Mr. Amit S. Chadha, learned senior counsel, has entered appearance on behalf of all the respondents, noSignature Not VerifiedDigitally signed byChetan Kumar further notice need be issued.Date: 2015.10.1317:29:31 ISTReason: It is submitted by Mr. Chadha, learned senior counsel, that the developers are still willing to develop theCA 6976/2015 2 area belonging to the appellants and share the same floor area as earlier agreed upon. It is also submitted by him that they will give a time schedule to this Court and not deviate from it.
Learned counsel appearing for the appellant shall obtain instructions in this regard. List the matter in the first week of December, 2015. As there is a discussion with regard to the settlement between the parties, the appellant shall not proceed with the suit, which is pending before the civil court at Bangalore. (Chetan Kumar) (H.S. Parasher) Court Master Court Master
ITEM NO.22 COURT NO.5 SECTION XVII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal No.6976/2015 K. UMAPATHI ALIAS UMAPATHI K. REDDY AND ANR Appellant(s) VERSUS M/S ADARSH DEVELOPERS AND ORS. Respondent(s) (With office report) Date : 21/09/2015 This appeal was called on for hearing today. CORAM : HON'BLE MR. JUSTICE DIPAK MISRA HON'BLE MR. JUSTICE PRAFULLA C. PANT For Appellant(s) Mr. D.K. Thakur, Adv. Mr. D. Jha, Adv. Ms. Neelam Jha, Adv. Mr. Nitin Kumar Thakur, AOR For Respondent(s) Mr. Balaji Srinivasan, AOR UPON hearing the counsel the Court made the following O R D E R In view of the request made in the letter circulated on behalf of the petitioners, list the matter after two weeks. (Chetan Kumar) Court Master (H.S. Parasher) Court Master
b ITEM NO.22 COURT NO.5 SECTION XVII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal No.6976/2015 K. UMAPATHI ALIAS UMAPATHI K. REDDY AND ANR Appellant(s) VERSUS M/S ADARSH DEVELOPERS AND ORS. Respondent(s) (With office report) Date : 21/09/2015 This appeal was called on for hearing today. CORAM : HON'BLE MR. JUSTICE DIPAK MISRA HON'BLE MR. JUSTICE PRAFULLA C. PANT For Appellant(s) Mr. D.K. Thakur, Adv. Mr. D. Jha, Adv. Ms. Neelam Jha, Adv. Mr. Nitin Kumar Thakur, AOR For Respondent(s) Mr. Balaji Srinivasan, AOR UPON hearing the counsel the Court made the following O R D E R In view of the request made in the letter circulated on behalf of the petitioners, list the matter after two weeks. (Chetan Kumar) (H.S. Parasher)Signature Not VerifiedDigitally signed by Court Master Court MasterChetan KumarDate: 2015.09.2115:46:36 ISTReason:
ITEM NO.1 COURT NO.4 SECTION XVII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS I.A. 1/2015 in Civil Appeal Diary No(s). 10291/2015 K. UMAPATHI ALIAS UMAPATHI K. REDDY AND ANR Appellant(s) VERSUS M/S ADARSH DEVELOPERS AND ORS. Respondent(s) (for c/delay in re-filing appeal) Date : 24/08/2015 This I.A. was called on for hearing today. CORAM : HON'BLE MR. JUSTICE R.K. AGRAWAL [IN CHAMBERS] For Appellant(s) Mr. D. K. Thakur, Adv. Mr. D. Jha, Adv. Mr. Sushil Kumar, Adv. Mr. Nayyar Sidiqi, Adv. Ms. Savita, Adv. for Mr. Nitin Kumar Thakur, Adv. For Respondent(s) Mr. Balaji Srinivasan, Adv. UPON hearing the counsel the Court made the following O R D E R Delay of 79 days in re-filing the appeal is condoned. (RASHI GUPTA) (RAJINDER KAUR) Sr.P.A. COURT MASTERSignature Not VerifiedDigitally signed byPardeep KumarDate: 2015.08.2615:03:38 ISTReason: