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Consumer RightsSupreme Court of India

Jiten K. Ajmera & Anr. v. M/s Tejas Co-operative Housing Society

Civil Appeal · 2019 INSC 625Decided 6 May 2019
Civil Appeal No. 4628 of 2019
Justice Uday Umesh Lalit · Justice Indu Malhotra

Background

A housing society sued its building's developers before a Consumer Forum, alleging they had failed to supply amenities, obtain an Occupancy Certificate, and execute a Conveyance Deed. The District Forum ruled against the developers and they appealed, but when they later sought to introduce two new documents (a letter to the Municipal Corporation and its reply, both created only after the appeal was filed) to show they genuinely couldn't get the Occupancy Certificate because of unauthorized structures, the State Commission and then the National Consumer Disputes Redressal Commission both refused to let these documents in.

Decision Breakdown

The Supreme Court held that the developers could not have produced these documents earlier since they did not exist until after the appeal was filed, satisfying the standard under Order XLI Rule 27 of the Civil Procedure Code for admitting additional evidence at the appellate stage. The Court found the State Commission's rejection of the application, a bare statement that the documents were "not necessary", to be unreasoned and against a proper holistic assessment of the case, and that the National Commission had simply rubber-stamped this error. The Supreme Court set aside both the State Commission's interim order and the National Commission's order, allowed the civil appeal, and remitted the matter back to the State Commission with directions to take the additional documents on record and decide the underlying consumer appeal (pending since 2013) expeditiously on its merits.

Lesson Learnt

A party can bring new evidence into an ongoing appeal if that evidence genuinely did not exist earlier, and appellate consumer forums must give reasoned explanations, not bare one-line dismissals, when they refuse to admit such evidence, especially where it goes to the heart of a party's defense.

Jiten K. Ajmera & Anr. v. M/s Tejas Co-operative Housing Society – Legal Case Shots | LegalAware