Housing Board's Unjustified Payment Demand: Consumer Complaint Dismissed.


16 December 2024 Consumer Complaints >> Civil & Consumer Law  

This Revision Petition was filed under Section 21(b) of the Consumer Protection Act, 1986, challenging the order of the State Consumer Disputes Redressal Commission, Bihar, which upheld the District Forum's decision in a case involving a dispute over the payment for a house allotted to the complainant by the Housing Board.

The complainant had been allotted a Middle Income Group (MIG) house and had made payments for its cost, with rent adjustments. However, when the complainant was asked to deposit an additional amount for the transfer of the house, he did so under duress, fearing that the registration of the house would not proceed without payment. He sought a refund of the excess amount, claiming the demand was unjustified.

 

 

The District Forum ruled in favor of the complainant, directing the Housing Board to refund the amount of interest charged from 14.09.1984 to 22.06.2001. The State Commission upheld this order.

The Housing Board filed a Revision Petition, arguing that the complaint was time-barred, as it was filed after six years. The petition was considered, and the court found that the delay in filing the complaint was not adequately explained. As a result, the complaint should not have been decided on merits without addressing the issue of the unexplained delay. The Revision Petition was allowed, and the District Forum's decision was set aside, dismissing the complaint.


Section 21, CONSUMER PROTECTION ACT - 2019  

Consumer Protection Act, 1986