Friday 23 May 2014

Whether complaint under consumer protection is available after availing statutory remedies ?

Ss. 3 and 24-A - Maintainability of complaints after availing statutory remedies - Held, S. 3 declares that the provisions
contained in the Act are in addition to and not in derogation of the provisions of any other law for the time being in force -
There is thus no provision in the Act which bars filing of a complaint by a consumer after availing other statutory
remedies, 
Dhanbir Singh v. HUDA, (2013) 11 SCC 472


Consumer Forums
Concurrent jurisdiction - Alternative remedy of Departmental appeal already availed - Maintainability of consumer
complaint thereafter - On facts, appeal filed by appellant against the demand of the extension fee by Housing
Development Authority had already been rejected by the Administrator - Held, National Commission clearly in error in
dismissing revision only on ground that another appeal was pending before Administrator - State Commission also
committed error by non-suiting appellant on ground that he had already availed the remedy of appeal - Dismissal of
departmental appeal could hardly be pressed into service by the respondent for facilitating rejection of the appellant's
complaint against the levy of excess extension fee and delayed delivery of possession of the plot and that too of a similar
size - Impugned order as also the order passed by State Commission are set aside and matter remitted to the State
Consumer Protection Act, 1986
Generally - Objective of - Held, the Consumer Protection Act was enacted to provide for better protection of the
interests of consumers and for establishment of Consumer Forums and other authorities for the settlement of consumer
disputes and for matters connected therewith, 
Ss. 3 and 24-A - Maintainability of complaints after availing statutory remedies - Held, S. 3 declares that the provisions
contained in the Act are in addition to and not in derogation of the provisions of any other law for the time being in force -
There is thus no provision in the Act which bars filing of a complaint by a consumer after availing other statutory
remedies, 
Consumer Protection
Services
Allotment of Plots - Deficiency of service - Remedies for aggrieved persons - Held, in matters like allotment of plot/land
by development authorities and other similar agencies/instrumentalities of the State, whose functioning is governed by
law enacted by State Legislature, departmental remedies are usually available to an aggrieved person - If such person
falls within the definition of consumer under S. 2(d) of the Act then he can directly file a complaint under Ss. 12, 17 and
21, as the case may be, (2013) 11 SCC 472-D

Print Page

No comments:

Post a Comment