We may also refer to the case of Ghaziabad Development
Authority (supra) wherein this Court, relying upon Lucknow
Development Authority case (supra), held that the power of the
Consumer forum extends to redressing any injustice rendered upon
a consumer as well as over any mala fide, capricious or any
oppressive act done by a statutory body. The relevant para of the
judgment reads as under:
“6. ….Thus, the law is that the Consumer
Protection Act has a wide reach and the
Commission has jurisdiction even in cases of
service rendered by statutory and public
authorities. Such authorities become liable to
compensate for misfeasance in public office i.e. an
act which is oppressive or capricious or arbitrary
or negligent provided loss or injury is suffered by
a citizen.
…
Where there has been capricious or arbitrary
or negligent exercise or nonexercise
of power
by an officer of the authority, the
Commission/Forum has a statutory obligation
to award compensation. If the
Commission/Forum is satisfied that a
complainant is entitled to compensation for
loss or injury or for harassment or mental
agony or oppression, then after recording a
finding it must direct the authority to pay
compensation and then also direct recovery
from those found responsible for such
unpardonable behaviour.
(emphasis supplied)
22. Therefore, in line with the law laid down by us, we hold that the
determination of the dispute concerning the validity of the
imposition of a statutory due arising out of a “deficiency in service”,
can be undertaken by the consumer fora as per the provisions of
the Act. The decision of this Court in the case of Sunita (supra),
wherein it was held that NCDRC has no jurisdiction to adjudicate
the legitimacy of the aforementioned statutory dues, was rendered
without considering any of the previous judgments of this Court
and the objects of the Act. Consequently, the law laid down in the
aforesaid case does not hold good before the eyes of law, and is
thereby overruled.
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
SLP (C ) NO. 4272 OF 2015
PUNJAB URBAN PLANNING AND DEVELOPMENT AUTHORITY (NOW GLADA) Vs VIDYA CHETAL
N.V. RAMANA, J.
Dated:SEPTEMBER 16, 2019.
Print Page
Authority (supra) wherein this Court, relying upon Lucknow
Development Authority case (supra), held that the power of the
Consumer forum extends to redressing any injustice rendered upon
a consumer as well as over any mala fide, capricious or any
oppressive act done by a statutory body. The relevant para of the
judgment reads as under:
“6. ….Thus, the law is that the Consumer
Protection Act has a wide reach and the
Commission has jurisdiction even in cases of
service rendered by statutory and public
authorities. Such authorities become liable to
compensate for misfeasance in public office i.e. an
act which is oppressive or capricious or arbitrary
or negligent provided loss or injury is suffered by
a citizen.
…
Where there has been capricious or arbitrary
or negligent exercise or nonexercise
of power
by an officer of the authority, the
Commission/Forum has a statutory obligation
to award compensation. If the
Commission/Forum is satisfied that a
complainant is entitled to compensation for
loss or injury or for harassment or mental
agony or oppression, then after recording a
finding it must direct the authority to pay
compensation and then also direct recovery
from those found responsible for such
unpardonable behaviour.
(emphasis supplied)
22. Therefore, in line with the law laid down by us, we hold that the
determination of the dispute concerning the validity of the
imposition of a statutory due arising out of a “deficiency in service”,
can be undertaken by the consumer fora as per the provisions of
the Act. The decision of this Court in the case of Sunita (supra),
wherein it was held that NCDRC has no jurisdiction to adjudicate
the legitimacy of the aforementioned statutory dues, was rendered
without considering any of the previous judgments of this Court
and the objects of the Act. Consequently, the law laid down in the
aforesaid case does not hold good before the eyes of law, and is
thereby overruled.
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
SLP (C ) NO. 4272 OF 2015
PUNJAB URBAN PLANNING AND DEVELOPMENT AUTHORITY (NOW GLADA) Vs VIDYA CHETAL
N.V. RAMANA, J.
Dated:SEPTEMBER 16, 2019.
