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Showing contexts for: "basic structure" in Ludhiana Improvement Trust vs Mulkh Raj on 25 March, 2015Matching Fragments
10. Undoubtedly, the Apex Court has held in case titled as Huda Vs. Sunita reported in 2005(2) SCC 479 that the jurisdiction of the Consumer Forum is excluded with regard to composition fee and extension fee. We respectively go by this judgment of the Apex Court however we find that prior to completion of the civic amenities by OP No.1 till September 2004, the backwards act of the OP No.1 would be outside the purview of the basic structure of the statute where under they are claiming them. OP No.1 would be justified in raising the above charges after providing the complete amenities to complainant after duly accounting for the exempted years of construction. The complete facilities were provided in the above scheme in September 2004 only, vide Ex.C-23 on the record. Consequently, the act of the OP No.1 would be contravening the basic structure of Improvement Trust Act to claim the non-construction charges before completion of civic amenities by them in Bhai Randhir Singh Nagar as proved on the record.