Uma Shankar Trivedi vs Dlf Universal Ltd on 19 December, 2024

Supreme Court – Daily Orders

Uma Shankar Trivedi vs Dlf Universal Ltd on 19 December, 2024

Author: Surya Kant

Bench: Surya Kant

                                                              1

                                          IN THE SUPREME COURT OF INDIA

                                           CIVIL APPELLATE JURISDICTION

                                       CIVIL APPEAL No.14759 OF 2024
                          (Arising out of SLP(C) No 30718/2024 @ D.No.31659/2023)


     UMA SHANKAR TRIVEDI & ANR.                                                            … APPELLANTS

                                                          Versus


     DLF UNIVERSAL LTD.                                                                 … RESPONDENT


                                                     O    R   D   E    R


     1.                  Delay condoned.

     2.                  Leave granted.

     3.                  The controversy pertains to the allotment of Flat No. IF R2,

     E-805, First Floor, Hyde Park Terraces at Mullanpur, SAS Nagar,

     Punjab.

     4.                  It is not necessary to go into the facts of the case for the

     reason that the parties, as per their respective instructions, have

     agreed to the disposal of this appeal in the following terms:

                             (i) The allotment of Flat No. IF R2, E-805, First Floor,

                             Hyde Park Terraces at Mullanpur, SAS Nagar, Punjab shall

                             stand restored in favour of the appellants. The revised

                             Possession     Letter       shall    be   issued   by   the    respondent-

                             developer in this regard within two weeks.

                             (ii) The possession of the above-mentioned flat shall be
Signature Not Verified

Digitally signed by
SATISH KUMAR YADAV
Date: 2024.12.24
13:17:26 IST
                             delivered to the appellants within one month from today
Reason:



                             on an `as is where is basis’.

                             (iii)    The      respondent-developer             shall       also    pay
                                       2

         compensation      to   the   appellants       in    the    form    of   simple

         interest at the rate of 8% p.a. with effect from the

         committed date of possession till the date on which the

         possession was actually offered.              The compensation amount

         shall be paid to the appellants within four weeks.

         (iv)        The parties shall adjust and re-reconcile their

         accounts so that in          the event the appellants are liable

         to pay any amount towards the allotment price of the

         flat, they may be able to do so within the stipulated

         period.

         (v)         The    amount         deposited        by     the     respondent-

         developer with the National Consumer Disputes Redressal

         Commission be refunded to it within two weeks along with

         interest accrued thereon.



5.       The appeal stands disposed of in the above terms.

6.       As a result, the pending interlocutory applications also

stand disposed of.


                                                .........................J.
                                                (SURYA KANT)



                                                ..............…….........J.
                                                (UJJAL BHUYAN)

NEW DELHI;
DECEMBER 19, 2024.
                                    3

ITEM NO.14                  COURT NO.3               SECTION XVII-A

               S U P R E M E C O U R T O F       I N D I A
                       RECORD OF PROCEEDINGS

SPECIAL LEAVE PETITION (CIVIL) ………………..Diary No(s).31659/2023

[Arising out of impugned final judgment and order dated 01-10-2021
in RA No.224/2019 in FA No.1416/2026 passed by the National
Consumers Disputes Redressal Commission, New Delhi]

UMA SHANKAR TRIVEDI & ANR.                             Petitioner(s)

                                   VERSUS
DLF UNIVERSAL LTD.                                     Respondent(s)

(FOR ADMISSION and I.R. and IA No.170313/2023-CONDONATION OF DELAY
IN FILING and IA No.170317/2023-EXEMPTION FROM FILING C/C OF THE
IMPUGNED JUDGMENT
IA No. 170313/2023 - CONDONATION OF DELAY IN FILING
IA No. 170317/2023 - EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT

IA No. 27534/2024 – PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES)

Date : 19-12-2024 These matters were called on for hearing today.

CORAM :

HON’BLE MR. JUSTICE SURYA KANT
HON’BLE MR. JUSTICE UJJAL BHUYAN

For Petitioner(s) Mr. Nisarg Choudhary, AOR
Mr. Mukul Mehra, Adv.

Mr. Dushyant Mudgil, Adv.

For Respondent(s) Mr. Pinaki Misra, Sr. Adv.

Mr. Pravin Bahadur, Adv.
Ms. Seema Sundd, Adv.

Mr. Prabhat Ranjan, Adv.
Ms. Kritika Sachdeva, Adv.
Ms. Uzma Sheikh, Adv.

Ms. Monesh Mehndiratta, Adv.
For M/S. Karanjawala & Co., AOR

UPON hearing the counsel the Court made the following
O R D E R

Delay condoned.

Leave granted.

The appeal stands disposed of in terms of the signed
order.

4

As a result, the pending interlocutory applications also
stand disposed of.

(SATISH KUMAR YADAV) (ANU BHALLA)
ADDITIONAL REGISTRAR COURT MASTER(NSH)
(Signed order is placed on the file)