SAMARTH CONSTRUCTIONS AND ANR vs PUSHPA CHANDRAKANT MATE

Judgment text excerpt

28-WP-18556-2024.AS.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 18556 OF 2024 1. Samarth Constructions through its Partner Anita Balasaheb Pokle Age-43 years, Having address at : Kamatwada Shivar, S. No. 9, Rajkamal Building, Siddhivinayak Appt., Near Saykhedkar Hospital, Nashik. 2. Vrushali Pramod Amrutkar Age-46 years, Parnter of M/s Samarth Constructions Having address at: 1-B, Samriddhi Bunglow, Kamatwada, Shivar, Nashik. ...Petitioners Versus 1. Pushpa Chandrakant Mate. Age-49 years, Having her place of Residence at: Mayur Colony No. 2, Chakrapani Vasahat, Alandi Road, Shastri Chowk, Bhosari, Pune, 411039 ....Respondent _______________________ Mr. Pranav Nair a/w Ms. Akshata Katara i/b Asahi Legal, for the Petitioners. _______________________ CORAM: G. S. KULKARNI & ADVAIT M. SETHNA, JJ. JUDGMENT RESERVED ON : 10 MARCH 2025 JUDGMENT PRONOUNCED ON : 04 APRIL 2025 JUDGMENT (Per Advait M. Sethna, J.) : 1. This writ petition is filed under Article 226 of the Constitution of India, prays for the following substantive relief :- “(iii) To pass orders setting aside and quashing the impugned order dated 19/08/2024 (at Exhibit-A) passed by the NCDRC in First Appeal No. 771 of 2021; and further pass order that the main Complaint No. 516 of 2016 be remanded back to SCDRC, Maharashtra, Circuit Bench at Nashik for reconsideration while allowing the Appellants to file its Mayur Adane, PA Page 1 of 16 28-WP-18556-2024.AS.doc written statement before the SCDRC in the said complaint and the said complaint be re-heard on merits.” 2. The petitioners have preferred this petition assailing the order passed by the National Consumer Dispute Resolution Commission, New Delhi (‘National Commission’ for short) dated 19 August 2024 (‘Impugned Ju