KULDIP SINGH AHLAWAT Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) This appeal directed against order dated 8.10.2004 whereby the complaint of the appellant was dismissed at the threshold on the ground that the Consumer Fora have no power/jurisdiction to go into the question of pricing of the flats is liable to be allowed at this stage itself in view of the plea of the appellant that the respondent has sold similar flats in the same locality at lower price than the price charged from him. Appellant also sought compensation on account of deficiency in service in delay in execution of conveyance deed as a result of which he had to pay enhanced stamp duty.

(2.) Consumers who are placed in similar situation have to be treated alike in the matter of price or articles purchased by them or flats sold to them by any agency. Consumer Fora may not be empowered to go into the question of pricing of the flats but they do have powers and jurisdiction to go into the question of unfair practice or deficiency in service arising from the discriminatory or unequal treatment of the consumer. Question of pricing of flat is distinguishable from the difference in price of similar flats situated in the same locality. If the facts are brought to the notice of the consumer Fora that a particular consumer had been treated unequally this may prima facie come within the mischief of unfair trade practice. However, since the appellant has also sought compensation on account of deficiency in service on the part of the respondent inasmuch as that the execution of the conveyance deed was considerably delayed and he had to pay the enhanced stamp duty, the District Forum was required to decide the complaint on merit.

(3.) In the result, appeal is allowed, impugned order is set aside with direction to the District Forum to decide the complaint on merit. The appellant shall appear before the District Forum on 14.1.2005 for the aforesaid purpose. Appeal is disposed of in above terms. Bank Guarantee/fdr, if any, furnished by the appellant be returned forthwith. A copy of this order as per the statutory requirements, be forwarded to the parties free of charge and also to the concerned District Forum and thereafter the file be consigned to Record Room.