| 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 |
| Act(s) Referred | Consumer Protection Act, 1986 (68 of 1986) |
| Case Type | Appeal |
| Court | Supreme Court of India |
| Disposal Nature | Appeal Disposed Off |
| Headnote | Consumer Protection Act, 1986 – s.24A(1) – Opposite party constructed apartments complex and offered them for sale in which purchasers were put in possession – complainant-purchasers of flats formed a registered association – On 15.11.2003, complainant entered into an agreement with the opposite party for taking over the maintenance of the apartment complex – In 2007, complainant filed a consumer complaint before the National Commission seeking reliefs from the opposite party – National Commission allowed the complaint partly – Aggrieved opposite party filed instant appeal raising objection as to limitation and challenging the reliefs granted by National Commission – Held: s.24A(1) of the Act of 1986 prescribes a period of limitation of two years from the date on which the cause of action has arisen for the admission of a complaint – The opposite party handed over the work of maintenance of the complex to the complainant under Agreement dated 15.11.2003 – There were specific obligations yet to be performed by the opposite party in relation to certain services – Under the agreement, different timelines were prescribed for different obligations – Certain works were continued up to the year 2005 – The affidavit in evidence filed by the opposite party and bills established that the cause of action continued at least till December, 2005 – Complaint before the National Commission was filed in February, 2007 – Therefore, National Commission was right in rejecting the objection relating to limitation – National commission had appointed a local Commissioner to inspect the facilities relatable to the reliefs claimed in the complaint – Commissioner examined each one of the items and found that they were not operational on date – If all the services had been handed over in fully functional state, the opposite party should have taken an acknowledgment in writing from the complainant – Hence, the reliefs granted by the National commission in favour of the complainant warrant no interference – However, possession of the common amenities were handed over to complainant 18 years ago, it is impossible to compel opposite party to make such facilities fully operational at this distance of time – Accordingly, in the interests of justice the order of the National Commission modified in such a manner (i) that the complainant Association shall receive in full and final settlement, the deposit now lying in the Registry of this court, towards adequate compensation for the reliefs that they are held entitled to by the National Commission; and (ii) that the opposite party is directed inter alia to hand over possession of the club house to the complainant. |
| Judge | Hon'ble Mr. Justice V. Ramasubramanian |
| Neutral Citation | 2021 INSC 562 |
| Petitioner | The Managing Director (shri Grish Batra) M/s. Padmini Infrastructure Developers (i) Ltd |
| Respondent | The General Secretary (shri Amol Mahapatra) Royal Garden Residents Welfare Association |
| SCR | [2021] 12 S.C.R. 488 |
| Judgement Date | 2021-09-28 |
| Case Number | 2998 |
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