Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Unfair Trade Practice Consumer Protection Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Consumer Protection Act, 1986 :s. 2(r) - Unfair trade practice - Scope of- Held: A finding of unfair trade practice should be supported by cogent material - Inferential finding is not sufficient to attract s. 2(r). Unfair trade practice - Land belonging to co-operative Societies - Acquisition of by Trust - On condition to allot plots to the Co-operative Societies - Abandonment of acquisition - Later Trust allotting the plots as a condition of acquisition, except one plot - Society asking for allotment of alternative plot in lieu of the one. plot - Complaint before consumer forum allowed and affimed by appellate fora - On appeal, Held: Non allotment of alternative plot does not amount to unfair trade practice - Punjab Town Improvement Act, 1922- s. 56. Words and Phrases - 'Unfair trade practice' - Meaning of, in the context of Consumer Protection Act, 1986. Appellant-Trust, pursuant to formulation of a Model Town Extension Scheme, initiated land acquisition proceedings. Lands owned by co-operative societies, including the land owned by respondent co-operative society, were notified as part of the land proposed to be acquired. Before passing of the award, by Government notification land belonging to certain societies, including respondent-Society, were exempted from acquisition. Thereafter, respondent-Society requested the Trust to allot plots to their members as certain portions of their A land were under encroachment, and the same was denied. After new Chairman of the Trust assumed the office, the ploto wore allotted to the reapondont·Socloty except one plot (plot No. 32) because tho same was declared to be belonging to third party by court decroo. Respondent requested the Trust to allot alternative plot In lieu of plot No. 32. As there was no response to that, respondent filed a compliant before consumer forum. District forum allowed the complaint and directed the pellant Trust to allot alternative plot. The order was affirmed by State Consumer Commission as well as National Consumer Commission. Hence the present appeal. |
Judge | Hon'ble Mr. Justice D.K. Jain |
Neutral Citation | 2009 INSC 484 |
Petitioner | Ludhiana Improvement Trust, Ludhiana & Anr. |
Respondent | Shakti Co-operative House Building Society Ltd. |
SCR | [2009] 6 S.C.R. 12 |
Judgement Date | 2009-04-13 |
Case Number | 1866 |
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