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Sriniketan Co-Operative Group Housing ... vs Vikas Vihar Cooperative Group Housing ... on 5 April, 1989

It is also argued by the Counsel for DDA that the complainant is not a consumer as there is no "service" rendered by them within the definition and meaning of C.P.A., 1986. On the other hand it is argued by the Ld. Counsel for the Respondent/Complainant, Mr. S.K. Sharma that the order of the State Commission has rightly rejected the contentions of the appellant/OP that amount could not be refunded to the Complainant on account of Petition before the High Court and SLPs in Hon'ble Court. The State Commission rightly held the Complainants to be entitled to interest as claimed by them. He also drew our attention to judgment of the Hon'ble Supreme Court in Sriniketan Co-op. Group Housing Society Ltd. v. Vikas Vihar Co-op. Group Housing Society AIR 1989 SC 1673. The Hon'ble Supreme Court has held in this case:-
Supreme Court of India Cites 1 - Cited by 19 - Full Document

Lucknow Development Authority vs M.K. Gupta on 5 November, 1993

5. Before going on the merits of the case, we like to deal with the preliminary objections raised by the parties. Appellant states that the Complainant is not a consumer as no service is being rendered within the definition of "service" given in the CPA. Suffice here to say that the Hon'ble Supreme Court while examining the scope of Section 2(1)(o) of CPA had occasion to observe in Lucknow Development Authority v. M.K. Gupta (11994) 1 SCC 243 that "When a statutory authority develops land or allots a site or constructs a house for the benefit of the common man, it is as much a service as by a builder or contractor". There is no doubt in our mind that the Complainant is very much a consumer within the meaning of CPA. Preliminary objection raised by the Complainant is that appeal is time-barred. We see that as per our record, there is delay of 13 days in filing the appeal - which is accompanied by an application for condonation of delay and an affidavit in support. This delay is condoned in view of the reasons given therein.
Supreme Court of India Cites 30 - Cited by 1040 - R M Sahai - Full Document
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