Capital Infraprojects Pvt. Ltd. v. Golden Palms Buyers Association & ANR.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 7646/2017 & CM No. 31618/2017 & 31619/2017 CAPITAL INFRAPROJECTS PVT. LTD.

..... Petitioner Through:

Mr Debesh Panda and Mr Neil Chatterjee, Advocates.

versus GOLDEN PALMS BUYERS ASSOCIATION & ANR.

..... Respondents Through

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 30.08.2017 1.

The petitioner has filed the present petition, inter alia, challenging the proceedings before the National Consumer Disputes Redressal Commission (NCDRC) on the ground that the same is without jurisdiction. It is the petitioner's case that NCDRC has clubbed several causes of action in respect of different consumers. It is also stated that individually the claims of the consumers are below the pecuniary jurisdiction of the NCDRC. 2.

The learned counsel for the petitioner states that a hearing on this question before the concerned Bench would be illusory as a full bench in Moulivakkam Trust Heights Flats Affected Buyers Association v. M/s Prime Sristi Housing Pvt. Ltd. & Ors.: (CC/560/2014) and other connected matters decided on 05.05.2017, NCDRC has already taken a view adverse to the one espoused by the petitioner.

3.

I have heard the learned counsel for the petitioner. This Court is not

inclined to entertain the present petition and interdict the proceedings before the NCDRC. Concededly, the petitioner would have a remedy under the Consumer Protection Act ,1986 once a final order has been passed by the Commission.

4.

The petition along with the pending application are, accordingly, disposed of.

VIBHU BAKHRU, J AUGUST 30, 2017 MK