VidhiSangh

Supreme Court of India · 06/05/2019

JITEN K. AJMERA & ANR. versus M/S TEJAS CO-OPERATIVE HOUSING SOCIETY

[2019] 7 S.C.R. 243 · 2019 INSC 625

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The State Commission should have admitted subsequent architect and municipal correspondence relevant to the developers’ ability to obtain an occupancy certificate. The documents arose after the appeal was filed and therefore could not have been produced before the District Forum. Their rejection merely as “not necessary” was unreasoned and prevented substantiation of the developers’ case. The matter was remitted for admission of the documents and decision of the pending appeal on merits.

Issues

  1. Whether subsequently created documents relevant to compliance with the occupancy-certificate direction should be admitted in the consumer appeal.

Held

Result

Appeal allowed. State and National Commission orders rejecting additional evidence set aside. State Commission to take the documents on record and decide the pending appeal on merits according to law, expeditiously. Ultimate liability and compliance issues not finally decided.

Judgment PDF: Supreme Court of India, [2019] 7 S.C.R. 243.