M/s. Mangalam Homes & Resorts Pvt. Ltd. & Ors. Vs. Joy Kaliyavumkal & ANR. etc[SC 2018 January]

KEYWORDS:- National Consumer Forum-

DATE : January 10, 2018

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M/s. Mangalam Homes & Resorts Pvt. Ltd. & Ors. Vs. Joy Kaliyavumkal & ANR. etc.

[Civil Appeal Nos.133-135 of 2018 @ Special Leave Petition (Civil) Nos.22802-22804 of 2016]

Deepak Gupta J.

1. Delay condoned.

2. Leave granted.

3. These appeals are directed against the common judgmentJudgment The statement given by the Judge on the grounds of a decree or order - CPC 2(9). It contains a concise statement of the case, points for determination, the decision thereon, and the reasons for such decision - Order 20 Rule 4(2).  Section 354 of CrPC requires that every judgment shall contain points for determination, the decision thereon and the reasons for the decision. Indian Supreme Court Decisions > Law declared by Supreme Court to be binding on all courts (Art 141 Indian Constitution) Civil and judicial authorities to act in aid of the Supreme Court (Art 144) Supreme Court Network On Judiciary – Portal > Denning: “Judges do not speak, as do actors, to please. They do not speak, as do advocates, to persuade. They do not speak, as do historians, to recount the past. They speak to give Judgment. And in their judgments, you will find passages, which are worthy to rank with the greatest literature….” Law Points on Judgment Writing > The judge must write to provide an easy-to-understand analysis of the issues of law and fact which arise for decision. Judgments are primarily meant for those whose cases are decided by judges (State Bank of India and Another Vs Ajay Kumar Sood SC 2022) dated 06.01.2015 and 08.12.2015, whereby the appeals filed by the complainants (Respondents herein) and the review petitions filed by the petitioners were allowed. Each set of complainants was awarded Rs.14 lakhs as compensation along with interest @12% per annum w.e.f. 06.09.2011 on the ground that the appellants (builder) had compromised a similar matter with one Shri P.V. Babu in a civil suit. In view of the decision which we propose to take, it is not necessary to set out the facts of the case in detail.

4. The main ground raised is that the appellants herein were wrongly proceeded ex parte and only on this ground the order of the National Consumer Disputes Redressal Commission (‘the National Commission’ for short) should be set aside and the matter be remanded to the National Commission to decide the same after hearing both the sides.

5. On behalf of the appellants it is urged that the appellants had received notice dated 08.07.2014 from the National Commission and, thereafter, they had sent a reply on 25.07.2014 praying that the matter may be heard in the Camp Sitting of the National Commission at Bengaluru. According to the appellants, no reply was received to this letter. On behalf of the claimants/respondents it is urged that the appellants were aware of the case and that the matter had been settled on the basis of a compromise arrived at by the appellants with another consumer and there is no need to set aside the order. After going through the record we find that the appellants had made a request that their matter be heard at Bengaluru.

Copies of the orders passed thereafter have been placed on record and the record does not show that the appellants were ever informed that their request for having the matter heard at Bengaluru was either accepted or rejected. Therefore, we are of the considered opinionOpinion A judge's written explanation of a decision of the court. In an appeal, multiple opinions may be written. The court’s ruling comes from a majority of judges and forms the majority opinion. A dissenting opinion disagrees with the majority because of the reasoning and/or the principles of law on which the decision is based. A concurring opinion agrees with the end result of the court but offers further comment possibly because they disagree with how the court reached its conclusion. that the National Commission erred in not issuing fresh notice to the appellants. Accordingly, the order of the National Commission is set aside and the matter is remitted to the National Commission for hearing the same on meritsMerits Strict legal rights of the parties; a decision “on the merits” is one that reaches the right(s) of a party as distinguished from a disposition of the case on a ground not reaching the rights raised in the action; for example, in a criminal case double jeopardy does not apply if charges are nolle prossed before trial commences, and in a civil action res judicata does not apply if a previous action was dismissed on a preliminary motion raising a technicality such as improper service of process..

6. Vide order dated 22.07.2016 while issuing notice we had directed the appellants to deposit the amount as awarded by the National Commission. The said amount shall remain in deposit and disbursal of the same shall abide by the final decision of the National Commission.

7. The parties are directed to appear before the National Commission at Delhi on 12th February, 2018.

8. With these directions the appeals stand disposed of. Pending applications, if any, shall also stand disposed of.

 (Madan B. Lokur)

 (Deepak Gupta)

New Delhi

January 10, 2018