Sep
26
2013


A Consumer Court has no jurisdiction to entertain complaint seeking specific performance of agreement. The jurisdiction rest with the Civil Court only. Whether sale of plot of land simpliciter can be a subject matter of complaint, under the provisions of Consumer Protection Act, before the District Consumer Forum or the State or National Consumer Disputes Redressal Commission. Pursuant to sale agreement, on account of failure of the second party to handover the possession of plot to the first party, the first party moved a complaint before the District Consumer Disputes Redressal Forum, which held that there was no civil dispute involved, and the present was a case of deficiency in rendering services to the Complainant/ first party to the agreement. This was affirmed both by the State Commission as well as National Commission. The Apex Court agreed with the contrary contentions raised that failure to hand over possession of the plot of land simpliciter does not come within the jurisdiction of Consumer Courts. The situation however would be different if complaint relates to housing construction in form of sale of flats by builders or societies. Ganesh Lal vs.Shyam [SC, 26.09.2013]








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