Case Name: BCIL ZED RIA Properties Pvt. Ltd. & Anr. v. Aravind
Court: Supreme Court of India, Civil Appellate Jurisdiction
SLP(C) No.: 30538/2025 (Civil Appeal No. /2026)
Order Date: 18 May 2026
Related Orders: High Court order dated 05-03-2025 (WP No. 10749/2024); NCDRC First Appeal No. 591/2023; Consumer complaint order dated 11-10-2022 (SCDRC)
Consumer Forum: Tamil Nadu State Consumer Disputes Redressal Commission (SCDRC)
National Consumer Disputes Resolution Commission (NCDRC)
Issues / Allegations / Violations
Consumer complaint filed on 04-12-2018 by Aravind concerning Sale and Construction Agreement dated 25-01-2016.
SCDRC issued ex parte order on 11-10-2022 allowing complaint and directing refund, despite moratorium under Section 14 of IBC, 2016 effective from 09-08-2018.
SRA appealed to NCDRC and sought condonation of 105‑day delay in filing First Appeal No. 591/2023; NCDRC dismissed, High Court affirmed.
Question whether filing consumer complaint during moratorium is barred and whether 105‑day delay is substantial.
Findings & Observations
Moratorium under IBC bars initiation of fresh litigation; consumer complaint filed during moratorium is violative.
Delay of 105 days is not substantial; given ex parte nature of SCDRC order, NCDRC should have been liberal in condoning delay.
Court finds that SRA had arguable case to raise before NCDRC.
Penalties / Settlements / Directions
No monetary penalty imposed.
Court directs that the appeal be restored to NCDRC file and considered on merits expeditiously.
All pending applications, if any, are to stand disposed of.
Corrective Actions & Future Obligations
NCDRC to process the appeal promptly in accordance with law.
Parties to comply with any refund or cost orders that may arise from merits determination.
Final Ruling & Enforcement
Appeal allowed; orders of High Court and NCDRC set aside.
Delay of 105 days in filing First Appeal No. 591/2023 is condoned.
Appeal restored to NCDRC for merits determination; pending applications disposed.
