National Consumer Disputes: Viraj Construction Appeals Against Interim Orders

In a significant legal development, Viraj Construction Pvt. Ltd. has lodged an appeal against the interim orders issued by the State Consumer Disputes Redressal Commission, Uttar Pradesh. This appeal, designated as First Appeal No. 508 of 2023, arises from Complaint No. 15/2021. Viraj Construction, the appellant, seeks to challenge and overturn the interim orders issued on 02.03.2023 and 27.04.2023. The case, which revolves around consumer protection issues, holds implications for both parties involved. This article provides an in-depth analysis of the case and sheds light on the grounds for the appeal.

Background:

The dispute originated from a consumer complaint filed by Vinod Kumar Shukla and four others against Viraj Construction Pvt. Ltd. The State Commission, in its order dated 08.03.2022, permitted the applicants to proceed with their case under Section 35(1)(c) of the Consumer Protection Act, 2019. However, Viraj Construction successfully challenged this order through First Appeal No. 200/2022, resulting in the dismissal of the application.

The Interim Orders:

Following the dismissal of the application, Respondent Nos. 2 to 5 (complainants) made an application before the State Commission to withdraw their case. The State Commission, in its order dated 02.03.2023, granted permission for the withdrawal, allowing the complainants to file a fresh complaint in the competent court. Furthermore, the order stipulated that the complainants should submit an application within 7 working days to exclude complainant Nos. 2 to 5 and the related prayers against them.

In a subsequent hearing, on 27.04.2023, the State Commission reserved its judgment after considering the arguments presented by both parties. The pronouncement of the judgment is pending.

The Appeal and its Grounds:

Viraj Construction, dissatisfied with the interim orders issued by the State Commission, filed the present First Appeal, No. 508 of 2023, before the National Consumer Disputes Redressal Commission. The grounds for the appeal rest on the assertion that the impugned orders deviate from the previous orders of this Commission and contravene the provisions of the Consumer Protection Act, 2019. The Appellants seek the setting aside of the interim orders and an ex-parte stay on their operation. They also request the dismissal of Complaint Case No. 15 of 2021 initiated by the Respondents.

Analysis and Implications:

Upon careful examination of the appeal petition, the impugned orders, and the previous orders of the National Consumer Disputes Redressal Commission, it is evident that the State Commission's orders are not in conflict with the earlier decision of the Commission or the provisions of the Consumer Protection Act. Since the State Commission is yet to pronounce its judgment, the appeal is deemed premature by the National Consumer Disputes Redressal Commission.

Conclusion:

The appeal filed by Viraj Construction against the interim orders issued by the State Consumer Disputes Redressal Commission reflects the ongoing legal battle in the realm of consumer disputes. The grounds for the appeal challenge the legality and alignment of the impugned orders with previous decisions and relevant provisions of the Consumer Protection Act, 2019. As the case awaits a final judgment from the State Commission, the outcome will have far-reaching implications for both Viraj Construction and the respondents. It remains to be seen how this legal saga unfolds, shaping the landscape of consumer rights and dispute resolution in India.

Note: Please note that the information provided in this article about the complaint filed in the National Consumer Disputes Redressal Commission (NCDRC) is for educational purposes only. The complaint number for reference is FIRST APPEAL NO. 508 OF 2023

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