R.M.SAHAI
LUCKNOW DEVELOPMENT AUTHORITY – Appellant
Versus
M. K. GUPTA – Respondent
Mr. R.M. Sahai, J.—The question of law that arises for consideration in these appeals, directed against orders passed by the National Consumer Disputes Redressal Commission (referred hereinafter as National Commission), New Delhi is if the statutory authorities such as Lucknow Development Authority or Delhi Development Authority or Banga lore Development Authority constituted under State Acts to carry on planned development of the cities in the State are amenable to Consumer Protection Act 1986 (hereinafter referred to as 'the Act') for any act or omission relating to housing activity such as delay in delivery of possession of the houses to the allottees, non-completion of the flat within the stipulated time, or defective and faulty construction etc. Another aspect of this issue is if the housing activity carried on by the statutory authority or private builder or contractor came within the purview of the Act only after its amendment by the Ordinance No. 24 in 1993 or the Commission could entertain a complaint for such violations even before.
2. How the dispute arose in different appeals is not of any consequence except for two appeals which shall be adverted later, for determi
2. 1991 (3) SCC 617. (Relied)[Para 3]
3. 1971 (3) SCC 550. (Relied)[Para 3]
4. AIR 1960 SC 610. (Relied)[Para 3]
5. 1976 (2) SCC 917. (Relied)[Para 11]
6. AIR 1990 SC 1849. (Referred)[Para 11]
8. AIR 1967 SC 1885. (Referred)[Para 12]
9. AIR 1973 SC 1289. (Relied)[Para 12]
10. AIR 1965 SC 1039. (Relied)[Para 13]
11. (1974) 1 SCC 690. (Relied)[Para 13]
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