ARUN KHANNA Vs. SHASHI SHARMA

JUDGEMENT

(1.) THE principal question in this case, which pivots round the controversy is, "Whether the pendency of a civil suit is a bar to the filing of a complaint, under Section 12/15 of the Consumer Protection Act, 1986? "

(2.) THE parties entered into an Agreement wherein it was agreed that petitioner/Builder would construct first and second floors and renovate the ground floor of the premises, bearing No. 5/3, Punjabi Bagh Extn, New Delhi, belonging to the complainants who are five in number and are siblings. The complainants sent notice dated 13.03.2009 to the petitioner. In lieu of that, the OP was to have with him the First Floor and he was to supply 'C ' and 'D ' Forms and the Completion Certificates to the complainants after obtaining them from the concerned authorities. The petitioner constructed and occupied the First Floor but left the Second Floor unfurnished and he did not renovate the Ground Floor. Thereafter, the complaint was filed where a sum of Rs.43,10,000/- along with interest @ 18% p.a. from the date of filing of this complaint till its realization was claimed.

(3.) IN M/s. Guru Nanak Plastic Industries Vs. Chairman, Rajasthan State Electricity Board, Jaipur, the National Consumer Disputes Redresssal Commission vide its order dated 21.03.2003 in FA No. 28/1996 in complaint case No. 69/93 of the State Commission, Rajasthan, it was held that "9. Before we conclude, we may add that it has become a practice for many complainants in the complaints to claim damages which has no co-relation with the loss suffered and these inflated amounts are stated with a hope that some amount would become payable. This a practice which must be discouraged ".