Court : Union Territory Consumer Disputes Redressal Commission UT Chandigarh
..... since there are deficiencies and the complainants are held to be consumers, they have the right to seek redressal under the consumer protection act, 1986. we are of the view that the observations made in lucknow development authority v. m.k. gupta (supra), go in favour of the complainants. at the same time the respondents monopolists themselves had ..... as would be seen from the above facts the complainants have purchased the said plots in an auction held on 17th september, 1991 conducted by the nainital lake development authority. the allotment of the plots have been made for the amount of highest bid in the auction held on 17.9.1991 on the terms and conditions ..... disputes redressal commission, new delhi [for short hereinafter referred to as the national commission] in the case of shiela constructions pvt. ltd. and anr. v. nainital lake development authority and ors., iii (1996) cpj 11 (nc), and held that the complainant could not be considered to be a consumer as defined by section 2(1)(d) .....
Tag this Judgment!Court : Union Territory Consumer Disputes Redressal Commission UT Chandigarh
..... of by the same judgment were totally dismissed or that the chandigarh administration was not held liable. it appears that the lucknow development authority v. m.k. gupta, under the consumer protection act, 1986 decided by the supreme court on 5.11.1993 was not brought to the notice of the high court when ..... are deficiencies and the complainants are held to be consumers, they have the right to seek redressal under the consumer protection act, 1986. we are of the view that the observations made in lucknow development authority v. m.k. gupta (supra), go in favour of the complainants. at the same time the respondents monopolists themselves ..... it has been observed in the aforesaid case that the public authority entrusted with statutory functions cannot act negligently. it has further been observed that the consumer protection act opts for wider definition. an important part is reproduced as under : similarly when a statutory authority develops land or allots a site or constructs a house for the .....
Tag this Judgment!Court : Union Territory Consumer Disputes Redressal Commission UT Chandigarh
..... permission to amend the complaint was moved. since it was not opposed by the counsel opposite the same was allowed. in the amended complaint, chief administrator, punjab urban planning and development authority, sco 63-64, sector 17-c, chandigarh was arrayed as o.p. no. 2. 5. the district forum-i in its order held that since the money was ..... in law. 9. the second ground taken in appeal that since no house or plot was allotted to the respondent/complainant, he cannot invoke the provisions of consumer protection act by paying a mere token amount of rs. 4,000/-. in reply to this there is a settled proposition of law that after the registration money is confirmed to ..... deposited in 1983. further the o.ps. have averred that on mere application or registration for the plot, no right as a consumer as envisaged under the c.p. act has accrued to the complainant before the actual allotment, hence the complaint is liable to be dismissed on this ground itself. further the o.ps. have taken the plea .....
Tag this Judgment!Court : Union Territory Consumer Disputes Redressal Commission UT Chandigarh
..... insufficient in the eyes of law have no merit and are rejected. 3. the honble national consumer disputes redressal commission has in the case of vice-chairman, delhi development authority v. o.p. gauba, iii (1995) cpj 18 (nc)=1986-96 national commission and supreme court on consumer cases 2731 (ns), laid down the law that ..... the appellant was prevented by sufficient cause from filing the appeal within the prescribed period of limitation of 30 days as provided under section 15 of the consumer protection act, 1986 read with rule 8, sub-rule (4), chandigarh consumer protection rules, 1987. resultantly, the application seeking condonation of delay lacks merit and is dismissed. ..... seeking condonation of delay has taken the ground for not filing the present appeal within the prescribed period of limitation as per the provision of consumer protection act, 1986 as amended by an amendment no. 62 of 2002 that as all the legal and business matters of the complainant/appellant were handled by her husband .....
Tag this Judgment!Court : Union Territory Consumer Disputes Redressal Commission UT Chandigarh
..... the complainant in other words is a second transferee. 5. the learned counsel for the respondent has drawn our attention to section 15(6) of the haryana urban development authority act, 1977 which is as under : 15. disposal of land (1)-(5) xxx xxx (6) until the conditions provided, in the regulations are fulfilled, the transferee ..... the event of any dispute, it shall be referred to an arbitrator. the complainant has not impleaded haryana urban development authority (huda) as respondent. the proceedings dated 12.12.1997 still require transfer of the plot in favour of the complainant with the permission of huda. ..... his wife smt. veena devi and the plot in question was mortgaged as a collateral security with the respondent-corporation with the permission of haryana urban development authority who is first charge-holder. besides an agreement has been executed between the parties on 13.8.1998 wherein it has been specifically mentioned that in .....
Tag this Judgment!Court : Union Territory Consumer Disputes Redressal Commission UT Chandigarh
..... in eight quarterly instalments during the course of construction. it is admitted that construction of flats has not started as yet, since the punjab urban development authority (puda) vide its order dated 7.10.2005 has got a restrain order against the respondent/op from starting the construction in view of litigation ..... instalment. the averments of op regarding delayed payment, request of the appellant/complainant for reviving the cancellation of allotment and his representation to the competent authority, consequent to which he was allowed to deposit the amount subject to its being the same three times of the original etc. have been reiterated. ..... and its decision should be final and binding. hence the present dispute being amenable to the jurisdiction of the arbitration and reconciliation act, 1996, should be referred to the appropriate authority mentioned under the agreement and complaint in this forum is not maintainable. the plea of complaint being hopelessly time barred has also .....
Tag this Judgment!Court : Union Territory Consumer Disputes Redressal Commission UT Chandigarh
..... shri puran chand wadhwa respectively against the same set of o.ps. i.e. gujarat perstrop electronics limited through managing director, gandhi nagar, gujarat and industrial development bank of india (for short hereinafter referred to as the i.d.b.i.) through managing director, mumbai. since the district forum has clubbed the two ..... forum the order passed by the gujarat high court dated 15.6.2001 in special civil application no. 5098 of 2000, apollo tyres limited v. appellate authority for industrial and financial reconstruction and anr., including m/s. gujarat pestrop electronics limited under article 226 of the constitution of india which has been referred to ..... the form of the written statement and instead moved an application under section 22(1) read with section 32 of the sick industrial companies (special provisions) act, 1985 wherein the objection taken was that a reference had been made to the board for industrial and financial reconstruction (for short hereinafter referred to as the .....
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