Case Note & Summary
The dispute arose from an agreement to sell a plot of land made on 2nd August 1999 between the appellant and the respondent. The appellant failed to deliver possession of the land, prompting the respondent to file a complaint before the District Consumer Redressal Forum in 2000. The appellant contended that the Consumer Forum lacked jurisdiction, asserting that the matter should be resolved in a Civil Court. The District Forum ruled in favor of the respondent, stating that the issue was one of deficiency in service. The appellant's appeal to the State Commission was rejected, and a subsequent revision to the National Consumer Disputes Redressal Commission also failed. The appellant's counsel argued that the sale of land does not constitute a complaint under the Consumer Protection Act, as it does not involve goods or services as defined by the Act. The court acknowledged the merit in this argument, noting that the definition of 'deficiency' does not encompass the sale of land. However, it was noted that the appellant had executed the sale deed and handed over possession after the State Commission's order. Consequently, while the court accepted the legal argument regarding jurisdiction, it found that the appellant could not be granted relief as the complaint had been acted upon. The appeal was disposed of with these observations.
Headnote
A) Consumer Law - Jurisdiction of Consumer Forums - Sale of Land - Consumer Protection Act, 1986, Section 2(1)(c) - The court held that a complaint regarding the sale of a plot of land does not fall within the jurisdiction of the Consumer Forums as it does not pertain to deficiency in service as defined under the Act. The appellant's failure to hand over possession does not constitute a consumer dispute under the Act. (Paras 5-6).
Issue of Consideration
Whether the District Consumer Forum had jurisdiction to entertain a complaint regarding the sale of a plot of land.
Final Decision
The Supreme Court dismissed the appeal, holding that the complaint regarding the sale of land does not fall under the jurisdiction of the Consumer Forums as it does not pertain to deficiency in service under the Consumer Protection Act. The court noted that the appellant had executed the sale deed and handed over possession, thus the complaint had been acted upon.
Law Points
- Jurisdiction of Consumer Forums
- Definition of Deficiency
- Sale of Land
- Consumer Protection Act
- 1986
