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INDER JIT SINGH
Navneet Kaur Tuteja W/o. Sardar Bhupinder Singh Tuteja – Appellant
Versus
Commissioner, Municipal Corporation – Respondent
ORDER
The present Revision Petition (RP) has been filed by the Petitioner against Respondent as detailed above, under section 21 (b) of Consumer Protection Act 1986, against the order dated 30.10.2018 of the State Consumer Disputes Redressal Commission Chhattisgarh (hereinafter referred to as the ‘State Commission’), in First Appeal (FA) No. 730 of 2018 in which order dated 26.06.2018 of Rajnandgaon District Consumer Disputes Redressal Forum (hereinafter referred to as District Forum) in Consumer Complaint (CC) no.228 of 2017 was challenged, inter alia praying for setting aside the order dated 30.10.2018 of the State Commission.
2. While the Revision Petitioner (hereinafter also referred to as Complainant) was Appellant before the State Commission and Complainant before the District Forum, the Respondent (hereinafter also referred to as OP) was Respondent before the State Commission and OP before the District Forum.
3. Notice was issued to the Respondent on 09.09.2019. Petitioner filed Written Arguments/Synopsis on 04.08.2023. On account of absence despite notice, Respondent was proceeded ex parte vide order dated 25.01.2024.
4. Brief facts of the case, as emerged from the RP, Orde
(1) Maximum Amount – The maximum amount which they can forfeit towards security amount is Rs.1,54,507/- only – their action of forfeiting the entire amount of Rs.6,54,507/- is not correct.(2) Securit....
Plot Buyers Agreement – Merely labelling brochure as an “investment proposal” or giving buyer option to resell plot does not by itself make the transaction commercial one.
Revisional jurisdiction - The present revision petition is therefore an attempt by the petitioner to urge this Commission to re-assess, re-appreciate the evidence which cannot be done in revisional j....
Shop Buyer’s Agreement – Only a ‘reasonable amount’ can be forfeited as earnest money – Any amount exceeding 10% of total sale price cannot be forfeited by Builder.
Flat Buyer’s Agreement – Purchase and sale of goods for resale or for commercial purpose is excluded from purview of definition of “consumer” – Ordinarily “commercial purpose” is understood to includ....
The court affirmed that ownership transfer must occur before financial obligations arise, and established consumer rights based on livelihood motivations in property transactions.
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