Case Note & Summary
The dispute arose from a complaint filed by the appellant before the District Consumer Forum, Ajmer, seeking compensation for the lack of amenities on a plot allotted to him in 1986. The appellant contended that despite the allotment, essential services such as roads, drainage, electricity, and water connections were not provided for many years. The District Forum dismissed the complaint, a decision that was upheld by the State Consumer Disputes Redressal Commission. The appellant then approached the National Consumer Disputes Redressal Commission, which remitted the matter back to the State Commission. The Supreme Court noted that the plot was allotted in 1986, possession was delivered the same year, and a lease deed was executed in 1989. The appellant constructed a house in 1990, but electricity was only provided in 1998, water in 2000, and roads and drainage in 2003. The court found that the lack of amenities constituted a deficiency in service, and the dismissal of the complaint by the District Forum was unjustified. The court decided not to remit the matter back to the National Commission due to the case's history and awarded the appellant a compensation of Rupees five lakhs, to be paid within three months. The appeals were allowed, and the previous orders were set aside.
Headnote
A) Consumer Protection - Deficiency in Service - Compensation for Lack of Amenities - Consumer Protection Act, 1986, Sections Not mentioned - The appellant was allotted a plot in 1986 but amenities such as electricity, roads, water supply, and drainage were not provided for several years. The court held that the District Forum was unjustified in dismissing the complaint and awarded compensation for the deficiency in service (Paras 2-3).
Issue of Consideration
Whether the appellant was entitled to compensation for the lack of amenities provided after the allotment of a plot.
Final Decision
The Supreme Court allowed the appeals, set aside the impugned orders, and awarded the appellant compensation of Rupees five lakhs to be paid within three months.
Law Points
- Consumer protection
- compensation for deficiency in service
- jurisdiction of consumer forums
