Back
DELHI STATE CONSUMER DISPUTES
REDRESSAL COMMISSION, NEW DELHI
Hon’ble Mr. Justice Lokeshwar Prasad, President &
Ms. Rumnita Mittal, Member
AKASH GANGA BUILDERS & ENGG. (P) LTD. & ANR.—Petitioners
versus
SMT. SHANTA RANI SHARMA—Respondent
Revision Petition No. 10 of 2003—Decided on 15.1.2003
Counsels for the Parties :
For the Petitioners:Mr. Shashi Shanker, Advocate.
For the Respondent: None.
Redressal Agencies are less concerned with technicalities and more concerned with substantial justice.
Headnote:
Consumer Protection Act - Unfair Trade Practice - Section 17(b) - [Smt. Shanta Rani Sharma v. Shri Ashok Arora (Director), M/s. Akash Ganga Builders and Engineers (P) Ltd. & Anr.] - [Consumer Protection Act, 1986, Section 12, Section 17(b), Section 27] - The court discussed the jurisdiction and scope of Section 17(b) of the Consumer Protection Act, 1986, and its extraordinary powers. It referenced the analogous provision in the Civil Procedure Code, 1908, Section 115, and highlighted the limited scope of revisional jurisdiction. The court emphasized that Redressal Agencies are less concerned with technicalities and more concerned with substantial justice, and upheld the order of the District Forum.
Fact of the Case:
The respondent had booked a flat and paid a sum to the petitioner. The allotment was changed, and the petitioners failed to provide possession of the flat. The respondent filed a complaint alleging deficiency in service and sought a refund, interest, compensation for mental agony, and litigation expenses.
Finding of the Court:
The court upheld the order of the District Forum, which found the petitioners guilty of unfair trade practice and directed them to refund the amount with interest, pay compensation for mental agony, and litigation expenses.
Issues: Jurisdiction and scope of Section 17(b) of the Consumer Protection Act, 1986, and the extraordinary powers of Redressal Agencies.
Ratio Decidendi: Redressal Agencies are less concerned with technicalities and more concerned with substantial justice.
Final Decision: The petition filed by the petitioners was dismissed as devoid of substance.
Mr. Justice Lokeshwar Prasad, President—The present petition, filed by the petitioners, under Section 17(b) of the Consumer Protection Act, 1986 (hereinafter referred to as ‘the Act’), is directed against order dated 30.12.2002, passed by District Forum-VII, Sheikh Sarai, Phase-II, New Delhi in Case No. 299/2001 - entitled Smt. Shanta Rani Sharma v. Shri Ashok Arora (Director), M/s. Akash Ganga Builders and Engineers (P) Ltd. & Anr.
2. The facts, relevant for the disposal of the above mentioned petition, briefly stated, are that the respondent Smt. Shanta Rani Sharma initially had filed a complaint under Section 12 of the Act before the District Forum averring therein that she had booked a flat, bearing No. 104 on the First Floor of Ganga Darshan Apartments, Godawari Block, Haridwar, (Uttranchal) and for that purpose had paid a sum of Rs. 1,20,000/- to the petitioner. It was stated that subsequently that allotment was changed to No. 115 on the ground floor of Shiv Shakti Apartments against the original booking of Flat No. 104 in Ganga Darshan Apartments. It was stated that thereafter a meeting was held with the petitioners and the petitioners promised to give the possession of the flat booked, by 26.1.2000. It was further stated that no flats whatsoever were constructed at the site of Shiv Shakti Apartments by the petitioners. Alleging deficiency in service on the part of the petitioners, the respondent Smt. Shanta Rani Sharma in that complaint prayed that the amount paid by her to the petitioners be directed to be refunded to her together with interest @ 24% p.a. from the date of registration till payment. The respondent also claimed compensation of Rs. 1,00,000/- for mental agony and another sum of Rs. 15,000/- on account of litigation expenses.
3. A notice of the complaint was issued to the petitioners who were served through registered A.D. post and as none appeared on behalf of the petitioners, the petitioners were proceeded ex parte in the proceedings before the District Forum.
4. The learned District Forum vide order dated 21.12.2000, passed in Complaint Case No. 460/2000 - entitled Smt. Shanta Rani Sharma v. M/s. Akash Ganga Builders and Engg. (P) Ltd., held that the petitioners had indulged in ‘unfair trade practice’ and on the basis of the above finding directed the petitioners to refund the amount of Rs. 1,20,000/- to the respondent together with interest @ 18% p.a. from the date of booking till payment. The learned District Forum also directed the petitioners to pay a sum of Rs. 10,000/- to the respondent Smt. Shanta Rani Sharma for mental agony and cost of litigation.
5. The petitioners on 1.5.2001 filed an application for setting aside ex parte order dated 21.12.2000 passed by District Forum in Complaint Case No. 460/2000 - entitled Smt. Shanta Rani Sharma v. M/s. Akash Ganga Builders and Engineers (P) Ltd. The above mentioned application, filed by the petitioners has been rejected by the District Forum by means of a well-reasoned order dated 30.5.2001 (photocopy at pages 31-32 of the paper book).
6. Thereafter, the petitioners filed another application dated 26.12.2002 praying for the following reliefs :
(i) that the non-bailable warrant of arrest issued against the petitioner be stayed;
(ii) that the petitioner be given the opportunity to make the payment of Rs. 1,20,000/- in instalments less the amount already paid;
(iii) that the respondent Smt. Shanta Rani Sharma be directed to accept another cheque of Rs. 40,000/- from the petitioner;
(iv) that for the refund of the remaining amount, periodical instalments be fixed.
7. The above mentioned application, filed by the petitioners, has been rejected by the learned District Forum vide impugned order.
8. Feeling aggrieved, the petitioners have filed the above mentioned petition under Section 17(b) of the Act. We have heard the learned Counsel for the petitioners at length on the question of admission of the present petition and have also carefully gone through the docu
