Supreme Court Dismisses Appeal by Haryana Urban Development Authority Against Consumer Commission Order. The court upheld the findings of deficiency of service and compensation awarded under the Consumer Protection Act, 1986.

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Case Note & Summary

The dispute arose between the Haryana Urban Development Authority and Sneh Lata Tewari regarding a consumer complaint. The respondent had been allotted a plot in Kurukshetra, Haryana, on 4.5.1981, which was later exchanged for another plot. The approval of the site plan took nearly 20 years, with the first approval on 30.7.1984 and the second in 2004. The respondent filed a suit that was decreed in her favor on 12.9.1995. The National Consumer Disputes Redressal Commission ordered the appellant to pay compensation for the deficiency of service, including Rs.1 lakh for mental agony. During the hearing, the respondent's counsel indicated that the amounts awarded had already been paid, suggesting that the appeals were moot. The appellant's counsel could not contest this claim. The Supreme Court found no merit in the appeals and dismissed them, stating that the appellant had indeed committed a deficiency of service and that the compensation awarded was justified. The court also decided that there would be no order as to costs.

Headnote

A) Consumer Protection - Deficiency of Service - Appeal Dismissed - Consumer Protection Act, 1986 - The appellant was found to have committed deficiency of service, leading to an order for compensation to the respondent for mental agony and other reliefs. The court upheld the National Consumer Disputes Redressal Commission's order, finding no illegality or perversity in the decision. Held that the appeals lacked merit (Paras 1-3).

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Issue of Consideration

Whether the appeals by Haryana Urban Development Authority against the National Consumer Disputes Redressal Commission's order had merit.

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Final Decision

The Supreme Court dismissed the appeals, finding no merit in the claims made by the Haryana Urban Development Authority and upheld the compensation awarded to the respondent.

Law Points

  • Consumer protection
  • deficiency of service
  • mental agony compensation
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Case Details

2010 LawText (SC) (07) 166

Civil Appeal Nos. 3693-3694 of 2007

2010-06-11

Deepak Verma, K.S. Radhakrishnan

Haryana Urban Development Authority

Sneh Lata Tewari

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Nature of Litigation

Appeal against the order of the National Consumer Disputes Redressal Commission

Remedy Sought

Haryana Urban Development Authority sought to challenge the Commission's order

Filing Reason

Aggrieved by the compensation awarded for deficiency of service

Previous Decisions

The National Consumer Disputes Redressal Commission had upheld the respondent's claim for compensation

Issues

Merit of the appeals against the National Consumer Disputes Redressal Commission's order

Submissions/Arguments

The respondent's counsel stated that the awarded amounts had been paid, rendering the appeals moot. The appellant's counsel could not contest the respondent's claim.

Ratio Decidendi

The court found that the appellant had committed a deficiency of service, justifying the compensation awarded to the respondent under the Consumer Protection Act.

Judgment Excerpts

The appellant has also been directed to pay to the respondent a sum of Rs.1 lakh for mental agony. There has been a deficiency of service on the part of the appellant.

Procedural History

The appeals were filed against the order of the National Consumer Disputes Redressal Commission, which had upheld the State Commission's decision.

Acts & Sections

  • Consumer Protection Act, 1986:
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