Does development authority come under consumer forum
Question From: Civil Law
Five shops were allotted by development authority in year 2001 and I deposited almost 50% amount but after 3 years of allotment construction work is stopped by the authority by saying that permission of the government regarding the development area is under review. I have stopped to pay further installment, authority sent a notice to me with a direction to deposit due amount in next 6 months otherwise allotment will be concealed. I want to file case before consumer forum so I want to know that whether my case will be maintainable or not.
Yes, your case is maintainable before consumer forum. you may file case for deficiency of service, enlargement of time to pay installment and penal interest on the amount already paid.
Development authority which is allotting sites with the promise of development is amenable to the jurisdiction of consumer forum in case of deficiency of service as per the agreement [Karnataka Industrial Authority vs Nandi Cold Storage (P) Ltd. (2007) 10 SCC].
Section 2(1)(O) of Consumer Protection Act defines the word service and services provided by the development authority comes under this definition. Development authority is an agency of government so you can file case against the government for the compensation [LDA vs M. K. Gupta (1994)1 SCC].
In the above mentioned case of LDA it is also held that when a statutory authority develops lands, plots or houses for the benefits of common man it is as much service as by a builder. If service is defective then it would be unfair trade practice as defined under section 2(1)(O) of Consumer Protection Act.
But you must pay installments because stopping of payment is declared unfair and illegal in Municipal Corporation Chandigarh vs Shantikunj Investement Private Limited (2006) 4 SCC.
Image courtesy : google.com
Ask A Question
You can ask your question to Mr Shivendra Pratap Singh, (Advocate, High Court Allahabad, Lucknow Bench)
Talk to Advocate
Talk to advocate on phone for 30 minutes and get solid legal advice
Succession Certificate: Section 372 [The Indian Succession Act, 1925] 372 Application for certificate. — (1) Application for such a certificate shall be made to the District Judge by a petition signed and verified by or on behalf of the applicant in the manner...
Sub-section 4 of Section 125 crpc enumerates that if a wife without any reasonable cause refuses to live with her husband, she is not entitled to maintenance. The court before granting an order of maintenance must examine the fact of refusal to live with the husband.
The land revenue record shows the land as inalienable when the tenure holder or owner of the land has no right to transfer the land. Generally, government land or patta land is made inalienable because actual right vested in the government. The tenure holder has the right to cultivate the land and enjoy the usufruct.
Section 154 CrPC does not mandate that only victim can lodge the FIR. Any person can register the FIR if he knows that a cognisable offence has been committed. In Prakash Singh vs State of Punjab, the Supreme Court held that police officer could not make an inquiry about genuineness of FIR.
Get A Quick Advice
Book an appointment for 15 minutes and consult with an expert over the phone within minutes
Join Our Newsletter
Subscribe our newsletter to get our news as well as important legal updates of Supreme Court & High Courts