NDLI: Association for Consumer Welfare and Aid Vs. Granite Gate Properties Private Limited & Anr.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	consumer complaint Deletion of name from array of parties unwarrented
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Consumer Protection Act, 1986 (68 of 1986)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Disposed Off
Headnote	Party: Deletion of name from array of parties – In the instant case, the appellant-Association representing the buyers filed consumer complaint seeking diverse reliefs including the grant of possession of flats to the allottees of the real estate project and restraining the respondents from charging additional amount for alleged increase in the area of the flats otherwise than in accordance with the allotment letters – The case of the appellant before the National Commission was that the second respondent was in fact the main promoter of the project and that it was vested with the primary responsibility of completing the project – In the complaint, the second respondent was arrayed as opposite party No. 1, while the first respondent was opposite party No. 2 – National Commission directed deletion of second respondent from array of parties and admitted complaint only against the first respondent on the ground that the consumers in the complaint did not hire or avail the services of the said party and therefore were not its consumers – Whether a direction for the deletion of the second respondent was warranted – In the counter affidavit which was filed in these proceedings, the second respondent stated that the first respondent was set up as a special purpose vehicle by a consortium of which the second respondent was a part and that a construction agreement was entered into between the first and second respondents – Held: It is not possible for the Court to conclude at this stage that the second respondent was unconnected with the project or was impleaded as a party to the proceeding without any reason or basis – The issue as to whether, and if so, what relief can be ultimately granted in the consumer complaint is a matter which has to be determined during the course of the hearing of the complaint – Consequently, on the basis of the averments contained in the complaint as well as on the material placed on the record by the second respondent, an order for deletion was not warranted at this stage – The second respondent is restored as a party to the proceedings before the National Commission – Consumer Protection Act, 1986.
Judge	Hon'ble Dr. Justice D.Y. Chandrachud
Neutral Citation	2019 INSC 397
Petitioner	Association For Consumer Welfare And Aid
Respondent	Granite Gate Properties Private Limited & Anr.
SCR	[2019] 5 S.C.R. 897
Judgement Date	2019-03-25
Case Number	259

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
5	Website/Portal (Helpdesk)	Queries regarding NDLI and its services	support@ndl.gov.in
6	Contents and Copyright Issues	Queries related to content curation and copyright issues	content@ndl.gov.in
7	National Digital Library of India Club (NDLI Club)	Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach	clubsupport@ndl.gov.in
8	Digital Preservation Centre (DPC)	Assistance with digitizing and archiving copyright-free printed books	dpc@ndl.gov.in
9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in

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