Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1986 Consumer Protection Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Case Disposed Off |
Headnote | Consumer Protection Act, 1986:Auction for grant of lease of sites - Liability to pay lease premium instalments and annual rent - If conditional upon UT Chandigarh providing basic amenities to sites leased - Held: It is not conditional - There is no obligation on Chandigarh administration to provide amenities with reference. to lease of sites by public auction - It cannot be said that instalments could be rescheduled so as to begin after amenities were provided and that interest would start to run only when lessee takes possession - When instalments are not paid on due dates, lessees become liable to pay penal interest from due date to date of actual payment - Rate of default interest in r. 12(3A) as on date of auction, would apply - Hence, order of National Commission rescheduling recovery E of lease premium instalments and granting certain relief to " lessee in regard to interest, set aside - Capital of Punjab (Development & Regulation) Act, 1952 - Chandigarh Leasehold Sites & Building Rules, 1973. s. 2 (b), (c), (d), (q) and (o)- Lease of sites by public auction by owner - Complaint by auction purchaser/(essee - Maintainability of - Held: Not maintainable - Grievance by purchaser/lessee will not give rise to consumer dispute- There is no hiring or availing of services - Purchaser/lessee is not a 'consumer' - Owner is not a 'trader' or 'service provider'. Words and Phrases:'Amenity' - Meaning of - In the context of s. 2(b) of the Capital of Punjab (Development and Regulation) Act, 1952. Respondent-lessees secured leasehold interest in T sites belonging to UT Chandigarh in public auctions held by it. It is alleged that the appellants did not provide any amenities in regard to the site and as a result the respondents suffered huge losses. Respondents filed a complaint before the Consumer forum that until the basic amenities-approach road, sewerage, ground water, street light, electricity, parking spaces were provided, the appellants should not be legally entitled to claim the balance of premium or the annual rent. The complaint was c allowed with certain directions. In appeal, the National Commission rescheduled the recovery of lease premium instalments and granted certain reliefs to respondents in regard to interest. Hence the present appeals. Allowing the appeals filed by UT Chandigarh Administration and dismissing the appeals filed by the lessees-complainant, the Court |
Judge | Hon'ble Mr. Justice R.V. Raveendran |
Neutral Citation | 2009 INSC 359 |
Petitioner | U.t. Chandigarh Administration & Anr. |
Respondent | Amarjeet Singh & Ors. |
SCR | [2009] 4 S.C.R. 541 |
Judgement Date | 2009-03-17 |
Case Number | 1994 |
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