RAJASEKHAR MANTHA
Woods Birch Hazel Residents Association – Appellant
Versus
Managing Director, Bengal United Credit, Belani Housing Company Limited – Respondent
JUDGMENT :
1. The revisionist is aggrieved by the Order No. 20 dated 7th February, 2018 passed by the State Consumer Disputes Redressal Commission, West Bengal, in complaint case No. 66 of 2014 (Wood Birch Hazel Residence Association Vs. Managing Director, Bengal United Credit Belani Housing Company Ltd.).
2. A complaint was filed by the Revisionist / Petitioner seeking reimbursement of Rs.14 Lacs towards failure of the OP to install fire fighting equipment in the Housing Complex concerned along with a sum of Rs.10 lacs as compensation as also a further sum of Rs.50,000 as litigation costs. Thus the total claim of the petitioners was Rs.24,50,000/-.
3. By the impugned order the complaint case was rejected as not being maintainable before the State Commission since the value of each of the flat units purchased by the members of the Revisionist in the residential complex of the OP exceeds Rs.1 Crore. It was held that even if a small defect in the entire residential complex is complained of and the complainant seeks compensation, the value of the entire flat and each member of the petitioner must be the basis of valuation in terms of Section 17 of the Consumer Protection Act, 1986.
Hiral P. Harsona and Ors. Vs. Kusum Narottamdas Harsona and Ors. reported in (2016) 10 SCC 165
Yogendra Kumar Jaiswal and Ors. Vs. State of Bihar and Ors. reported in (2016) 3 SCC 183
State of Andhra Pradesh and Anr. Vs. K. Jayaraman and Ors. Reported in (1974) 2 SCC 738
Cicly Kallarackal Vs. Vehicle Factory reported in (2012) 8 SCC 524
Om Prakesh Saini Vs. DCM Limited and Ors. reported in (2010) 11 SCC 622
Surya Dev Rai Vs. Ramchander Rai and Ors. reported in (2003) 6 SCC 675
ANZ Grindlays Bank and Ors. Vs. President
Vadivelu Vs. Sundaram and Ors. reported in (2000) 8 SCC 355
Ram & Shyam Co. v State of Haryana
State of U.P. v. Mohammad Nooh
Whirlpool Corporation v. Registrar of Trade Marks
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CIT v. Taj Mahal Hotel, Secunderabad
State of Bombay v. Hospital Mazdoor Sabha
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of Rameshwar Prasad Shrivastava Vs. Dwarkadhis Projects Pvt. Ltd. reported in AIR 2019 SC 169
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