NOW - Consumer Forum Also Takes 14 Years to give relief to victims ... .................................................................... Builders technical defence rejected Mumbai: Tardeo resident Anand Shah,who along with his father signed an agreement in April 1996,by paying the agreed amount,was to receive possession before or by December 1996.But this never happened and Shah filed a complaint in the Maharashtra State Consumer Disputes Redressal Commission in 1999. His father had died in the years prior to the complaint. The builder contended that it had not received the amount and the story made by Shah with respect to payment was false.It also argued that the Shahs had not adhered to a certain clause in the agreement. The commission took into consideration the receipts issued by the builder.It held that the documents showed that an agreement of sale was executed in favour of the Shahs.The commission also rejected the defence that the complaint should be dismissed on the ground that the legal heirs of Shahs father were not made party to the complaint. The Consumer Protection Act,1986 has been enacted to provide better protection of interests of consumers.In the present case,over-technical view cannot be taken to dismiss the complaint.Technicalities cannot be encouraged because the only procedure which is prescribed under the Consumer Protection Act,1986 is to follow the principles of natural justice and to decide the matter after hearing both the parties, the commission said. Refuting the builders defence it observed,It is interesting to note that the developer denied execution of agreement of sale of the said flat. However, at the same time they rely on certain stipulation as to stages of payment and failure of the complainant to observe the same. Therefore, privity of contract between the parties is established by virtue of documents available on record and simple evasive general denial of the opponents is of no avail ..................................................... To give this ruling, Consumer Forum needed 14 years . Complaint of 1999 resolved in 2013. Even if Donkeys ruled India, we would have better institutions . .....................................................
Posted on: Wed, 23 Oct 2013 01:21:14 +0000