Content Provider | Supreme Court of India |
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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 | Appeal Disposed Off |
Headnote | Consumer Protection Act, 1986: s.24-A – Appellant-Housing Board launched a scheme for allotment of house on hire purchase mode of payment – Respondent submitted the application on 23.2.1985 and deposited a registration amount of Rs.5000/- – On 3.9.1993, appellant issued reservation-cum-demand letter demanding seed money to be deposited in three instalments for the allotment of house under the scheme – Respondent alleged that the said letter was addressed at an earlier location which he had left while appellant stated that the said place was the one notified to it by respondent – On 15.4.1999, appellant issued letter requiring the production of a challan for the deposit of seed money – Respondent sought time for same – On 29.07.1999, respondent was again called upon to produce proof of deposit – Eventually on 29.05.2000, registration of respondent was cancelled on account of failure to deposit seed money – Respondent was also asked to comply with formalities to effectuate refund of Rs.5000/- – On 6.8.2009, Housing Board took policy decision to restore registration where same were cancelled due to administrative mistake of Board if application for restoration is filed within one year from the date of cancellation of registration – Eventually, respondent applied for restoration on 2.8.2010 which was followed by a notice of demand – Respondent filed consumer complaint complaining deficiency of service and challenging cancellation of allotment – District Forum held in favour of respondent and directed the appellant to allot the respondent a house within six months at the rate which was applicable on the date when it was allotted to the next junior applicant – State Commission and National Commission confirmed the decision of District Forum – Hence instant appeal – Held: s.24A of the Act 1986 provides the period of limitation for filing a complaint – A period of two years has been provided for filing a complaint from the date on which the cause of action arose – In the present case, the cancellation took place on 29.5.2000 which was preceded by a letter of the respondent dated 3.5.1999 by which he had expressly stated that he would be making a deposit within one and a half months – Even after the cancellation, there was no challenge to the cancellation of the allotment – The cause of action became barred by time much prior to office order dated 6.8.2009 – The National Commission erred in holding that the cause of action arose on the issuance of office order dated 6.8.2009 because even on its plain terms, the policy decision would not revive the registration of the appellant which was cancelled due to his own default – District Forum failed to notice that the respondent had received both the letter dated 15.4.1999 as well as the letter of cancellation of 29.5.2000 – Moreover, letter dated 15.4.1999 contained a clear reference to the earlier letter of the Housing Board of 1993 – It would be far-fetched to assume that while the respondent had received several letters from the Housing Board, he had not received the letter demanding the seed money in the first place – In conclusion, besides the delay on the part of the respondent in espousing his rights to challenge the cancellation of the allotment, the case did not clearly fall within the ambit of the policy decision which was taken on 6.8.2009. |
Judge | Hon'ble Dr. Justice D.Y. Chandrachud |
Neutral Citation | 2021 INSC 869 |
Petitioner | Commissioner, Rajasthan Housing Board And Others |
Respondent | Hiralal Chanda |
SCR | [2021] 12 S.C.R. 586 |
Judgement Date | 2021-12-11 |
Case Number | 7651 |
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