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october 2017

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.

Kusum Agarwal . vs M/S. Harsha Associates Pvt. Ltd. · Niyam