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HUDA – Appellant
Versus
SUNITA – Respondent
The court in this case did not explicitly hold that compensation can only be awarded when deficiency is established. Instead, the judgment focused on the jurisdiction of the National Commission to examine the demands made by HUDA, specifically the "composition fee" and "extension fee." The court upheld the view that the National Commission had no jurisdiction to assess the correctness of these demands because they did not constitute "deficiency in service" under the Consumer Protection Act (!) [1000366550002].
The court clarified that if the demands are not in accordance with law, the respondent has the right to pursue other appropriate remedies. This indicates that the decision was centered on jurisdiction and the nature of the claims rather than establishing a general principle that compensation can only be awarded when deficiency is proven (!) [1000366550005].
Therefore, the ruling does not directly establish that compensation is only available when deficiency is proven but emphasizes the importance of jurisdiction and the proper legal avenue for challenging specific demands.
JUDGMENT
1. Leave granted.
2. Heard learned counsel appearing for the Haryana Urban Development authority (HUDA) as the appellant and Raj Rani Dhanda for the respondent.
3. After perusing the order of the National Commission and hearing learned counsel for the parties we find that the National Commission has held that the statutory obligations of HUDA and plot-holder under the provisions of the HUDA Act and the Regulations are not acts or omissions constituting "deficiency in service" within the meaning of the Consumer Protection Act.
4. On the above finding, the National Commission had no jurisdiction to go into the correctness of the demand of "composition fee" and "extension fee" made by HUDA from the respondent complainant.
5. On the National Commissions own reasoning and the interpretation of provisions of law with which we agree, this appeal deserves to be allowed. In our opinion, the National Commission having held that it has no jurisdiction to go into the correctness of the demands made by HUDA ought to have set aside the orders of the District Forum and the Slate Commission setting aside the demand of "composition fee" and "extension fee". We, therefore, allow this appeal upho
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