LAWS(NCD)-2016-4-70

DELHI DEVELOPMENT AUTHORITY THROUGH ITS DIRECTOR (H Vs. JASWANT GOEL PROP. M/S R.S. SPUN PIPE CO. TEHSIL BAWANI KHERA DISTRICT

Decided On April 08, 2016
DELHI DEVELOPMENT AUTHORITY Appellant
V/S
JASWANT GOEL Respondents

JUDGEMENT

(1.) This Revision Petition under S.21(b) of the Consumer Protection Act, 1986 (for short "the Act") has been filed by the Delhi Development Authority (for short "the Authority") against the order, dated 21.07.2015, passed by the State Consumer Disputes Redressal Commission, Delhi (for short "the State Commission") in First Appeal No. 229 of 2011. By the impugned order, while negating the contention of the Authority that the Respondent/Complainant was not a 'consumer' within the meaning of S.2(1)(d) of the Act, which had been made by it relying on the decision of this Commission in DDA V. Parveen Kumar And Ors. (Revision Petition No. 3649 of 2014), the State Commission has held that in the present case, admittedly, the Complaint was registered after the Complainant had made a deposit of Rs. 20,000/- with the Authority and, therefore, he is a consumer. Consequently, the State Commission has dismissed the said Appeal.

(2.) The Appeal had been preferred by the Authority, questioning the correctness and legality of the order, dated 15.01.2011, passed by the District Consumer Disputes Redressal Forum-II, New Delhi (for short "the District Forum") in Complaint Case No. 22 of 2008. By the said order, the District Forum had held that the Authority was guilty of deficiency of service and, accordingly, while allowing the Complaint, directed the Authority to refund the registration amount of Rs. 20,000/- along with interest @ 18% per annum from 16.01.2014 till payment as also Rs. 1,00,000/- as compensation towards the mental agony, harassment and litigation expenses, to the Complainant.

(3.) On dismissal of its Appeal by the State Commission, the Authority is before us.