NARNE CONSTRUCTION P LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) The short question that falls for determination in these appeals by special leave is whether the appellant-company was, in the facts and circumstances of the case, offering any 'service' to the respondents within the meaning of the Consumer Protection Act, 1986 so as to make it amenable to the jurisdiction of the fora established under the said Act. Relying upon the decision of this Court in Lucknow Development Authority v. M.K. Gupta, 1994 1 SCC 243, the High Court has answered the question in the affirmative and held that the respondents were 'consumers' and the appellant was a 'service' provider within the meaning of the Act aforementioned, hence amenable to the jurisdiction of the fora under the said Act.

(2.) The undisputed facts in the context of which the question arises have been summed up by the High Court in the following words:

(3.) In Lucknow Development Authority's case this Court while dealing with the meaning of the expressions 'consumer' and 'service' under the Consumer Protection Act observed that the provisions of the Act must be liberally interpreted in favour of the consumers as the enactment in question was a beneficial piece of legislation. While examining the meaning of the term 'consumer' this Court observed: