Case Note & Summary
The dispute arose from a complaint filed under Section 12 of the Consumer Protection Act, 1986, by a complainant who purchased a shop in an auction in 1993 and deposited a total of Rs.289,000. Due to non-payment of further amounts, the Haryana Urban Development Authority resumed the plot. The complainant appealed to the authority, which allowed the appeal and set a payment schedule. The complainant then sought to rectify the statement of accounts, arguing for simple interest instead of compound interest. The District Forum directed recalculation with simple interest at 15% p.a., a decision upheld by the State Commission. The National Commission dismissed the revision petition, stating that simple interest should apply. The appellant contended that the National Commission failed to consider that once an allottee avails remedies from the authority, they cannot approach the consumer forums. The court noted the absence of representation from the respondent and decided it was appropriate for the National Commission to reconsider the matter in light of the appellant's arguments. The appeal was allowed to this extent, and the matter was remitted to the National Commission for further consideration.
Headnote
A) Consumer Protection - Jurisdiction of Consumer Forums - Reconsideration of Matter - Consumer Protection Act, 1986, Section 12 - The National Commission was directed to reconsider the matter in light of the appellant's argument that the allottee cannot move the forum after availing remedies from the appellant authority. The court noted that the National Commission did not address this specific plea raised by the appellant. Held that the matter should be remitted for further consideration (Paras 2-6).
Issue of Consideration
Whether the National Commission should reconsider the matter based on the appellant's arguments regarding jurisdiction.
Final Decision
The appeal was allowed to the extent that the matter was remitted to the National Commission for reconsideration.
Law Points
- Consumer Protection
- Interest Calculation
- Jurisdiction of Consumer Forums
