NDLI: Punjab Urban Planning and Development Authority (now Glada) Vs. Vidya Chetal

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	2(1)(o) Consumer Protection Act 1986 Interpretation of ss.2(1)(d)-(g)
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Consumer Protection Act, 1986 (68 of 1986)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4
Case Type	Special Leave Petition
Court	Supreme Court of India
Disposal Nature	Reference Answered
Headnote	Consumer Protection Act, 1986 – ss.2(1)(d)-(g), 2(1)(o) – Interpretation of – Law laid down by Supreme Court in HUDA vs. Sunita holding that the National Consumer Disputes Redressal Commission (NCDRC) had no jurisdiction to adjudicate the legality behind the demand of “composition fee” and “extension fee” made by HUDA, as the same being statutory obligation, does not qualify as “deficiency in service” – Validity of – Held: Certain statutory dues, such as fees, can arise out of a specific relation – Such statutory dues might be charged as quid pro quo for a privilege conferred or service rendered by the authority – There are exactions which are for the common burden, like taxes, there are dues for a specific purpose, like cess, and there are dues in lieu of specific service rendered – Not all statutory dues/exactions are amenable to the jurisdiction of the Consumer Forum – Exactions, like tax and cess levied as a part of common burden or for a specific purpose, generally may not be amenable to the jurisdiction of the Consumer Forum – However, those statutory fees, levied in lieu of service provided, may in the usual course be subject matter of Consumer Forum’s jurisdiction provided that there is a ‘deficiency in service’ etc. – Service provided by the petitioner squarely comes under the ambit of ‘service’ – Determination of the dispute concerning the validity of the imposition of a statutory due arising out of “deficiency in service”, can be undertaken by the consumer fora as per the provisions of the Act – Decision of Supreme Court in the case of HUDA vs. Sunita, was rendered without considering any of the previous judgments of Supreme Court and the objects of the Act – Law laid down in the aforesaid case does not hold good and is overruled – Present special leave petitions be placed before an appropriate Bench for considering the case on merits after obtaining orders from the Hon’ble Chief Justice of India – Interpretation of Statutes. Words & Phrases – Meaning of expression ‘deficiency in services’ – Explained – Consumer Protection Act, 1986 – s.2(1)(g), 2(1)(o). Interpretation of Statutes – Beneficial/remedial legislation – Interpretation of – Discussed. Words & Phrases – Distinction between ‘tax’ and statutory dues, such as ‘fees’ – Held: Tax is a mandatory imposition by public authority for public purpose enforceable by law – There is no element of quid pro quo between the tax payer and the public authority – However, certain statutory dues, such as fees, can arise out of a specific relation – Such statutory dues might be charged as quid pro quo for a privilege conferred or a service rendered by the authority.
Judge	Honble Mr. Justice N.V. Ramana
Neutral Citation	2019 INSC 1035
Petitioner	PUNJAB URBAN PLANNING AND DEVELOPMENT AUTHORITY (NOW GLADA)
Respondent	VIDYA CHETAL
SCR	[2019] 12 S.C.R. 516
Judgement Date	2019-09-16
Case Number	4272

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Punjab Urban Planning and Development Authority (now Glada) Vs. Vidya Chetal

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