Supreme Court of India · 2017-10-12
Kusum Agarwal . vs M/S. Harsha Associates Pvt. Ltd.
- Citation / case number
- AIR 2018 SC (SUPP) 761
- Court
- Supreme Court of India
- Petitioner
- Kusum Agarwal .
- Respondent
- M/S. Harsha Associates Pvt. Ltd.
- Author
- Deepak Gupta
- Bench
- Deepak Gupta, S. Abdul Nazeer, Madan B. Lokur
Judgment text excerpt
The Supreme Court held that the National Consumer Disputes Redressal Commission erred in dismissing the appellants' revision petition on the grounds that they were not consumers, as this defense was not raised earlier by the respondent. The Court emphasized that the respondent's conduct was misleading, having sold the shop prior to informing the appellants of its availability. The Court set aside the National Commission's order and directed that the appellants be compensated appropriately, reinforcing the principle that parties must come to court with clean hands.