Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India Consumer Protection Act 1986 Art.142 |
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 | Others |
Headnote | Consumer Protection Act, 1986 – In 1990, the Respondent applied for the allotment of tenement in the LIG category in the Mansarover Scheme and deposited Rs 4,000/- – Case of the appellant that since the respondent failed to deposit the balance of Rs.47,674/-, the allotment was cancelled on 6 April 1994 – Respondent disputed having received the letter of possession and stated that the balance payment was to be made only against possession – Order of the District Forum, allowing the complaint, restored by the National Consumer Disputes Redressal Commission (NCDRC) – On appeal, held: By the first letter dtd. 15 April 1996, addressed by the respondent to the appellant, the respondent admitted that she was unable to deposit Rs.47,674/- but was now ready to deposit the amount – In subsequent letter also, the respondent specifically stated that she was unable to deposit the amount because of her weak financial condition – Thus, at the material time, the respondent was not in a position to comply with the terms of the allotment which required the payment of the balance amount of Rs.47,674/ – Thereafter, the consumer complaint was instituted before the District Forum only in 2008 – This was nearly 16 years after the allotment was made to the respondent – Further, after the respondent was informed in 1998 that her request for the grant of benefit under the Special Exemption Scheme had been disallowed, since the house in question was allotted to her under the Cash Purchase Scheme, the respondent waited almost a decade before moving the District Forum – Complaint before the District Forum was hopelessly delayed and was filed beyond the period of limitation as prescribed under the 1986 Act – Appellant could not have been directed to hand over the tenement to the respondent – Order of the NCDRC, set aside – However, in terms of the interim order passed by Supreme Court on 23rd April, 2018, the respondent be paid Rs.1 lakh by the appellant, over and above the litigation expenses – Further, in exercise of the jurisdiction u/Art.142 of the Constitution, the amount of Rs 25,000/- deposited by the appellant is directed to be refunded – Constitution of India – Art.142. |
Judge | Hon'ble Dr. Justice D.Y. Chandrachud |
Neutral Citation | 2019 INSC 793 |
Petitioner | Rajasthan Housing Board & Anr |
Respondent | Ratan Devi |
SCR | [2019] 10 S.C.R. 955 |
Judgement Date | 2019-07-22 |
Case Number | 5739 |
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