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2026 DAILYLAW 13784 (DEL)

DELURIS BUILDTECH INDIA PVT. LTD. v. NEW DELHI DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION & ORS.

W.P.(C)/7982/2026 · 2026-07-27

Swarana Kanta Sharma

Writ Petition (Civil)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 7982/2026 DELURIS BUILDTECH INDIA PVT. LTD. .....Petitioner Through: Mr. Samrat Nigam, Senior Advocate with Mr. Bhuvanesh Sehgal and Mr. Shubham Arora, Advocates versus NEW DELHI DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION & ORS. .....Respondents Through: Mr. Dinesh Malik, Panel Counsel for NCT of Delhi with Mr. Akash Saini, Mr. Puneet Jain and Mr. Lavish Arora, Advocates for R-1 and 2. Ms. Archana Sharma, SPC with Mr. Divakar Upadhyaya & Mr. Abhishek Parmar, Advocates for R-3/UOI. CORAM: HON’BLE DR. JUSTICE SWARANA KANTA SHARMA O R D E R % 27.07.2026 CM APPL. 38289/2026 (exemption) 1. Allowed, subject to all just exceptions. 2. Application stands disposed of. W.P.(C) 7982/2026 & CM APPL. 38288/2026 3. By way of the present petition, the petitioner seeks following prayers: “...(a) Issue a writ of mandamus or any other appropriate writ, order or direction to the Respondent No.1 to rectify the issue in respect of multiple filings done by the Respondent No.4 and thereby permitting the Petitioner to file its Statutory appeal; This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/07/2026 at 15:26:31 (b) Issue a writ of mandamus or any other appropriate writ, order or direction to quash the Show Cause Notice dated 14.05.2026 F No. 33/SDM/MN/DECRC, REC./2026/3303 issued by Respondent No.2 on the directions of the Respondent No.1; (c) Issue a writ of mandamus or any other appropriate writ, order or direction against the Respondent No.3 to provide proper training to the staff deployed at Respondent No.1 to handle the https://e-jagriti.gov.in/ filings; (d) Extend the time period for filing of the statutory appeal against the order dated 06.01.2026, till such time the error on https://e-jagriti.gov.in/ is not rectified...” 4. The case set up by the petitioner is that a judgment dated 06.01.2026 was passed against it by the District Consumer Disputes Redressal Commission, New Delhi [hereafter ‘Commission’], in CC No. 137/2024. It is submitted that on 26.02.2026, the complainant filed an application seeking review of the judgment dated 06.01.2026 along with an affidavit of its counsel. On the very same day, the complainant also initiated execution proceedings in respect of the said judgment, though, according to the petitioner, a copy of the execution application was not supplied to it. The petitioner further submits that, as reflected in the case history available on the E-Jagriti Portal, the disposed of complaint came to be restored on 26.02.2026, despite there being no order passed by the Commission directing such restoration. It is further submitted that on 02.03.2026, the matter was adjourned on account of an incomplete quorum and was thereafter taken up on 10.03.2026, when notice was issued on the review application. Subsequently, on 10.04.2026, pursuant to orders passed in the execution proceedings, recovery certificates were issued by the Office of the Assistant Collector Grade-I/II, Office of the Sub-Divisional Magistrate, Malviya Nagar, Delhi. According to the petitioner, since restoration of the This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/07/2026 at 15:26:31 disposed of complaint on the E-Jagriti Portal prevented it from filing its statutory appeal, it filed an application under Section 151 of the Code of Civil Procedure, 1908 on 15.04.2026 seeking, inter alia, directions that the Registry should not restore disposed of matters in the absence of a specific judicial order and that the review application be registered separately as an interlocutory application. It is submitted that the said application was allowed by the Commission on 11.05.2026, with a direction to the Registry to register the review application as a separate interlocutory application. 5. The learned senior counsel for the petitioner further submits that despite the aforesaid direction, the petitioner has still not been able to file its statutory appeal on the E-Jagriti Portal. In the meantime, on 14.05.2026, the petitioner had received a show cause notice issued by the Office of the Sub- Divisional Magistrate calling upon it to show cause as to why warrants of arrest should not be issued for non-compliance with the recovery proceedings. It is submitted that even as on 22.05.2026, despite the Commission's direction requiring the review application to be registered separately, the petitioner continues to be deprived of its statutory right to prefer an appeal before the State Commission. 6. The matter is presently stated to be listed before the Commission for compliance and for a report from the concerned Sub-Divisional Magistrate. 7. The learned counsel appearing for the respondents does not dispute that the review application is yet to be taken up for hearing, notwithstanding the order directing its separate registration. At the same time, execution proceedings are continuing pursuant to the recovery certificates issued in respect of the very order which is the subject matter of the pending review This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/07/2026 at 15:26:31 proceedings. 8. In the opinion of this Court, once the Commission itself has directed that the review application be registered separately and the same is yet to be considered, permitting the execution proceedings to continue simultaneously would not be appropriate in the peculiar facts and circumstances of the present case. 9. Accordingly, the execution proceedings in Execution No. 47/2026 shall remain stayed until the review application is decided by the learned Commission. The learned Commission is also requested to decide the pending review application as expeditiously as possible, in accordance with law. 10. With the aforesaid directions, the present petition, along with the pending application(s), stands disposed of. 11. It is clarified that, in case any further grievance survives, the petitioner shall be at liberty to approach this Court in accordance with law. 12. It is further noted that although respondent no. 4 has been duly served, none has appeared on its behalf when the matter was taken up for hearing. Considering the urgency involved in the matter, the present order has been passed. 13. The order be uploaded on the website forthwith. DR. SWARANA KANTA SHARMA, J JULY 27, 2026/zp TD This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/07/2026 at 15:26:31