SACHIN GHATE vs UDAY NAGAR COLONY

THIS is an appeal against order dated 18.3.1997 passed by District Consumer Disputes Redressal Forum, Indore in their Case No. 187/94, wherein the District Forum has dismissed the complaint on two grounds as under: (i) Complainant is not a consumer. (ii) Complaint is time-barred.

HEARD the arguments of both the parties and perused the record of the case. According to Section 2(1)(d)(ii) "Consumer" means any person who hires or avails of any services for a consideration which has been paid or promised or partly paid and partly promised or under any system of deferred payment. According to Section 2(1)(o) "Service" means service of any discription which is made available to potential users and includes the provision of facilities in connection with "Housing Construction" House Construction, acquisition of land, development of sites, allotment of plot for consideration, have been held to be "Service" and those who are allotted plots are consumers falling within the definition in Section 2(1)(d)(ii) of the Consumer Protection Act, 1986. (AIR 1994 SC 787) (1986-1996 CONSUMER 2867 and 3019 both NC).

Since the instant dispute relates to development of house-site and allotment of plots, the complainants are Consumer.

SO far as question of limitation is concerned, cause of action did not arise on the date, the complainant paid last instalment but when the opposite party started registration of other sale-deeds in 1993 .and refused in this case to complete the transaction of "service" by getting the sale-deed registered according to initial allotment order and agreement as has been stated by the complainants in their affidavit. This statement of the complainants on affidavit has not been rebutted by opposite party. As such, the appeal is allowed and the order of the District Forum is set aside and the case is remanded back to the District Forum for disposal on merits after giving both the parties due opportunity of being heard. No order as to Costs. Appeal allowed.