Delhi High Court
Col. Daljit Singh vs Dlf Homes Panchkula Pvt Ltd & Anr. on 22 April, 2025
$~75
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 22nd April, 2025
+ CM(M) 2652/2024
COL. DALJIT SINGH .....Petitioner
Through: Mr. Vidyut Kayarkar, Advocate.
(through V.C.)
versus
DLF HOMES PANCHKULA PVT LTD & ANR. .....Respondents
Through: None.
CORAM:
HON'BLE MR. JUSTICE MANOJ JAIN
J U D G M E N T (oral)
CM APPL. 22988/2025 (early hearing)
1. The next date in the present petition is 04.08.2025 but an
application has been moved seeking early hearing of the matter.
However, during course of arguments, learned counsel for the
petitioner submits that in view of the present legal position, the
petitioner rather does not want to press the present petition and wishes
to withdraw the same with liberty to approach appropriate
jurisdictional High Court i.e. High Court of Punjab and Haryana.
2. In view of the above, the present petition has been taken up today
itself.
3. The application stands disposed of.
CM(M) 2652/2024
4. The present petition has been filed under Article 227 of the
Constitution of India challenging order dated 01.08.2019 passed by
learned National Consumer Disputes Redressal Commission (in short
„NCDRC‟) in First Appeal No. 1239/2027.
5. The above matter was filed before learned NCDRC impugning
order dated 27.04.2017 passed by State Commission, Chandigarh in
Complaint No.883/2016.
6. Earlier the abovesaid order dated 01.08.2019 was, straightway,
challenged by the petitioner herein by filing a Special Leave Petition
before the Hon‟ble Supreme Court and the Hon‟ble Supreme Court
vide order dated 31.10.2023, disposed of such SLP while granting
liberty to the petitioner to seek appropriate remedies before the High
Court.
7. Since the cause of action pertaining to the present subject
matter has arisen within the jurisdiction of other High Court, relying
upon judgment dated 04.03.2024 passed by Hon‟ble Supreme Court in
Siddhartha S Mookerjee vs. Madhab Chand Mitter, 2024 SCC OnLine
SC 4205, learned counsel for petitioner now prays that the petitioner
may be permitted to withdraw the present petition with liberty to
approach the jurisdictional High Court.
8. This Court has gone through the abovesaid order wherein the
Hon‟ble Supreme Court has, very categorically, observed that merely
because NCDRC, having seat in Delhi, had allowed petition, the
jurisdiction would not vest with Delhi High Court and observing that
since the cause of action had arisen in Kolkata and the matter had been
dealt with by the State Commission of West Bengal, it was held that the
jurisdiction of High Court of Calcutta should have been invoked.
9. Moreover, this Court has already vide order dated 12.09.2024
passed in General Manager, Punjab National Bank and Others vs.
Rohit Malhotra: (2024) SCC OnLine Del 6415 observed that in view of
Siddhartha S Mookerjee (supra), any such petitioner should go to the
"jurisdictional High Court".
10. The petition stands disposed of as withdrawn. Liberty, as prayed
for, is granted.
11. It is, however, made clear that this Court has not expressed any
opinion, whatsoever, on the merits of the case.
12. The next date of 04.08.2025 stands cancelled.
(MANOJ JAIN)
JUDGE
APRIL 22, 2025
st/pb
