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 |
Act(s) Referred | Consumer Protection Act, 1986 (68 of 1986) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Consumer Protection Act, 1986 - Allotment of plot - Non delivery of possession of plot to appellant on account of failure to deposit the balance amount - Complaint by appellant before the District Forum seeking possession of plot from respondent Development Authority - During pendency, complainant accepted the refund of the amount deposited by him towards price of the plot - However, said fact not brought to the notice of District Forum - Direction by District Forum to respondent to re-allot the same plot to complainant on the same price - Appeal by respondent - During pendency of the appeal, execution petition by complainant allowed and in compliance thereof physical possession of the plot handed over to the complainant - State Commission allowed the appeal holding that the complainant cannot claim the possession of the plot allotted to him since it had accepted the refund amount of 10% after voluntarily surrendering the plot and as such the complainant was no longer a consumer - Said order upheld by National Commission - Review application also dismissed - On appeal, held: Since the appellant had deposited the then cost of the plot way back in 2009 and other facts and circumstances and in the interest of justice, issuance of direction to respondents to permit the appellant to retain the plot subject to the condition that the appellant would pay the cost of plot at Rs.10,5001- per sq. mtr. after adjusting the amount already deposited by him - During the pendency of the matter before the State Commission, Estate Officer in pursuance of the order passed in Execution Petition and by a letter regularised the allotment of the plot and handed over the possession to the appellant - Issuance of direction to respondent-Authority to proceed against the delinquent officials/officers responsible for the lapses in accordance with law. |
Judge | Hon'ble Ms. Justice R. Banumathi |
Neutral Citation | 2016 INSC 26 |
Petitioner | Pardeep Sharma |
Respondent | Chief Administrator Haryana Urban Dev. Authority & Anr |
SCR | [2016] 1 S.C.R. 586 |
Judgement Date | 2016-01-07 |
Case Number | 52 |
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