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J. RAJENDRA
Essar Enterprises – Appellant
Versus
A. R. Varadrajan – Respondent
ORDER
The present Revision Petition has been filed under Section 21(b) of the Consumer Protection Act, 1986 (the “Act”) against Order dated 08.09.2017, passed by the learned State Consumer Disputes Redressal Commission, Mumbai (‘State Commission’) in First Appeal No.295/2014. In the impugned Order, the State Commission dismissed the appeal and upheld the Order of the District Consumer Disputes Redressal Forum, Mumbai Suburban District (‘District Forum’) dated 13.03.2014 in CC No.73/2011.
2. For the convenience, the parties are referred to as placed in the original Complaint filed before the District Forum.
3. Brief facts of the case, as per the complaint, are that they purchased flats 601 and 602 on the 6th Floor of ‘B’ wing of ‘Vinayak Ashish’, Mulund (West), Mumbai, from OP and obtained possession on 02.09.2003 upon full payment. However, soon after possession was taken, the flats began leaking from all sides, causing significant damage to their furniture and fixtures. They immediately notified the OP, who verbally assured that the issue would be addressed. In the absence of response, they wrote several letters on 8.5.2005, 8.12.2005, 28.6.2006, 30.9.2006, and 24.3.2007, but to n
Allotment of flat – Deficiency in service – Multiple compensation for singular deficiency is not justifiable.
Contractual obligations under the Consumer Protection Act require service providers to fulfill all promised specifications, and failure to do so constitutes deficiency of service.
Limited Jurisdiction – Commission’s revisional Jurisdiction is limited. Since there were concurrent findings of fact regarding the deficiency of service by both lower courts, and no jurisdictional er....
Absence of Evidence – In the absence of evidence produced by the complainant in the form of terms of contract entered into between the parties, bills for such alleged items procured in excess, and ev....
Privity of Contract – Absence of privity of contract is not a bar for maintaining a Complaint against a service provider.
The National Commission emphasized its limited revisional jurisdiction, requiring clear jurisdictional errors for interfering with concurrent findings of fact from lower forums.
Consumers are entitled to compensation for failure to deliver purchased flats, establishing cause of action despite multiple properties booked.
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