Important authorities

 

Important authorities checked

The Supreme Court decision in Fortune Infrastructure v. Trevor D'Lima is reported as (2018) 5 SCC 442 and records the grant of refund and compensation where the property relief could not be effectively implemented.

The Calcutta High Court's decision in Smt. Rita Das v. Mrs. Jayashri Ghosh & Ors., C.O. No.3111 of 2008, dated 14.12.2011, is particularly important because it prevents us from making the overbroad submission that a Consumer Commission can never direct execution/registration of a conveyance.

Similarly, Sunil Kohli v. Purearth Infrastructure Ltd., decided on 01.10.2019, concerns the statutory test for “consumer” in the context of commercial premises and should be used principally as a distinguishing authority, not as the main authority for the Appellant.

Imperia Structures Ltd. v. Anil Patni is also important because it confirms that consumer remedies in appropriate real-estate disputes are not automatically displaced by RERA.

Strategically, the strongest oral submission is therefore not “consumer forum has no jurisdiction”, but “even assuming jurisdiction, the essential factual and legal foundations for the particular relief granted were not established or properly adjudicated.” This is much safer and more persuasive in the present appeal.

I can also prepare a separate 2-page “Oral Submissions / Written Synopsis for Final Hearing” containing only the strongest 8–10 points and case-law propositions for handing up to the Bench.