MANU/SC/1191/2021

True Court CopyTM English

IN THE SUPREME COURT OF INDIA

Civil Appeal Nos. 7098, 7099, 7100, 7101, 7104, 7102 and 7103 of 2021

Decided On: 07.12.2021

Appellants: Manohar Infrastructure and Constructions Private Limited and Ors.
Vs.
Respondent: Sanjeev Kumar Sharma and Ors.

Hon'ble Judges/Coram:
M.R. Shah and B.V. Nagarathna

JUDGMENT

M.R. Shah, J.

1. Feeling aggrieved and dissatisfied with the impugned order passed by the National Consumer Disputes Redressal Commission, New Delhi (hereinafter referred to as "National Commission") dated 27.09.2021 in I.A. No. 3621 of 2021 in First Appeal No. 330 of 2021 by which, the National Commission, while staying the order passed by the State Commission has directed the Appellant to deposit the entire decretal amount with the State Commission, the original Appellant-builder-M/s. Manohar Infrastructure and Constructions Private Limited, has preferred the Civil Appeal No. 7098 of 2021.

2. Feeling aggrieved and dissatisfied with the impugned order passed by the National Commission dated 31.08.2021 passed in I.A. No. 5880 of 2021; I.A. No. 5881 of 2021; I.A. No. 5882 of 2021; I.A. No. 5883 of 2021 and I.A. No. 5884 of 2021 in respect of First Appeal Nos. 856 of 2020, 857 of 2020, 858 of 2020, 859 of 2020 and 860 of 2020 by which the National Commission has dismissed the said I.A.s and refused to modify or review or recall its earlier order dated 04.02.2021 by which, while admitting the respective appeals, the National Commission granted stay of the orders passed by the State Commission, subject to deposit of entire decretal amount with up-to-date interest, if any, the original Appellant/applicant-builder-M/s. TDI Infrastructure Ltd. has preferred the present Civil Appeal Nos. 7099 to 7104 of 2021.

3. At the outset, it is required to be noted that feeling aggrieved and dissatisfied with the order passed by the State Commission directing the Appellant(s) to refund the amount paid by the respective home buyers with interest, the Appellant(s) have preferred the first appeals before the National Commission Under Section 51 of the Consumer Protection Act, 2019 (hereinafter referred to as the "Act, 2019"). That in the said appeal(s), the respective Appellant(s)/applicant(s) filed the said application(s) to stay the respective order(s) passed by the State Commission.

4. At this stage, it is required to be noted that as the said respective Appellant(s) have deposited 50 per cent of the decretal amount by preferring the appeal(s), which the Appellant(s) are required to deposit as a pre-deposit at the time of preferring the appeal(s) as required Under Section 19 of the Act, 2019. But the National Commission has stayed the order passed by the State Commission on condition that the Appellant(s) shall deposit the entire decretal amount with interest, if any, with the State Commission. Feeling aggrieved and dissatisfied with the order(s) passed by the National Commission passed on the stay application(s) directing the Appellant(s) to deposit the entire decretal amount with interest, if any, while staying the respective order(s) passed by the State Commission, the original Appellant(s) have preferred the present appeals.

5. Shri Sidharth Dave, learned Senior Advocate has appeared on behalf of the Appellant in Civil Appeal No. 7098 of 2021 and Ms. Kanika Agnihotri, learned Advocate has appeared on behalf of the Appellant-M/s. TDI Infrastructure Ltd. in Civil Appeal Nos. 7099 to 7104 of 2021.

6. Shri Sidharth Dave, learned Senior Advocate on behalf of the respective Appellant has vehemently submitted that the National Commission cannot pass an order to deposit the entire decretal amount and/or any amount higher than 50 per cent of the amount in terms of th........