Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Consumer Protection Act 1986 Ss.2 (1)(0) and 12 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Consumer Protection Act, 1986 (68 of 1986) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Consumer Protection Act, 1986; Ss.2 (1)(0) and 12: Services - Housing construction - Construction of flats by Housing Board on land acquisitioned by State Government - Agreement of sale-purchase of flats entered into between respondent-allottees and Housing Board - Ultimate cost of flats subject to amount of compensation to be rewarded for the land acquisitioned - Issuance of allotment letters demanding certain additional amount - Challenged by allottees by filing Complaints - State Consumer Commission observed that raising of demand of additional amount by the Board improper and illegal -Affirmed by National Commission holding that demand of additional amount made on non-existing grounds - On appeal, Held: Flats in question developed on land acquired by State Government - Compensation as awarded to land owners enhanced in a reference proceedings - Enhanced compensation affirmed by Supreme Court - In terms of agreement, allottee-purchasers agreed to pay the final price of flats as would be fixed by the Board - Thus, the Board did not act unfairly/unreasonably- However, the averments made by the allottees in the counter affidavit filed in Supreme Court were unnecessary - All the complaints remitted to State Commission to decide issues/disputes in accordance with law- Contract - Consent.Consumer Protection Act - State Undertakings/Instrumentalities - Exclusion of service offered by them from application of the Act - Attempt for - Held: Must be discouraged as it would be against the spirit of the Act, a benevolent legislation. Consumer Redressal Commission - Disputes relating to deficiency in service - Consumer Disputes Redressal Commission - Jurisdiction of - Held: The Commission has jurisdiction to decide disputes relating to deficiency in service as services in terms of s.2(1)(o) of the Act includes housing construction as well. Words and Phrases:'Services' - Meaning of in the context of S.2(1)(o) of the Consumer Protection Act. |
Judge | Hon'ble Mr. Justice C.K. Thakker |
Neutral Citation | 2008 INSC 26 |
Petitioner | Tamil Nadu Housing Board & Ors. |
Respondent | Sea Shore Apartments Owners Welfare Association |
SCR | [2008] 1 S.C.R. 370 |
Judgement Date | 2008-01-09 |
Case Number | 7907-7913 |
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