NDLI: Estate Officer and Anr. Vs. Charanjit Kaur

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Consumer Protection Act Chandigarh Conversion of Residential Leasehold Land Tenure into Freehold Land Tenure Rules 1986 1996
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Others
Headnote	Consumer Protection Act, 1986 – s.2(1)(o) and s.14(1)(e) – Chandigarh Conversion of Residential Leasehold Land Tenure into Freehold Land Tenure Rules, 1996 – Respondent-complainant sought conversion of a plot allotted by Chandigarh administration from leasehold to freehold site – District Consumer Forum directed appellant-Estate Officer to convert the plot on acceptance of requisite conversion fee; to pay compensation; and also costs of litigation – Order affirmed by State and National Consumer Commissions – Plea of appellant-Estate Officer that the findings recorded by National Commission that the respondents are consumers as charges have been paid for conversion, are not tenable for the reason that the charges deposited were not for any services to be rendered but to grant complete title to the allottees – It was contended that such conversion fee was in fact part of the sale consideration to confer complete title to an allottee – Held: The appellant is not charging any fee for conversion of leasehold property into freehold property except the amount in accordance with the 1996 Rules – The amount so fixed under the Rules would form part of the sale consideration and not a fee or charge levied for providing any kind of service – Appellant is not providing any services within the meaning of s.2(1)(o) of the Consumer Act – The expression ‘service’ includes housing construction and not allotment of a site or a plot – Since the respondents are already in possession of the sites as lessee on 99 years basis, it cannot be said that the appellant was deficient in providing any service, which even if used in a liberal sense would not include transfer of title in an immovable property – Thus, the consumer fora under the Act would not have jurisdiction to entertain the consumer complaints on the ground of deficiency in service related to transfer of title of the immovable property – Though it is not a case of the deficiency in service as contemplated by Consumer Act but, on facts, in exercise of power under Art.142 of the Constitution, various directions issued to the Chandigarh Administration including direction to decide the claim of conversion as on the date when consumer complaints were filed – Chandigarh Lease Hold of Sites and Building Rules, 1973 – Chandigarh Estate Rules, 2007 – Constitution of India, 1950 – Art. 142. Administrative Law – Administrative process – Office Notings – Held: A noting is a part of the decision-making process – Such noting does not fructify into an order unless the same is communicated to the affected person.
Judge	Hon'ble Mr. Justice Hemant Gupta
Neutral Citation	2021 INSC 457
Petitioner	Estate Officer And Anr.
Respondent	Charanjit Kaur
SCR	[2021] 6 S.C.R. 120
Judgement Date	2021-09-07
Case Number	4964

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