The apex consumer commission has rejected a construction company's appeal with punitive damages of Rs two lakh, saying it was a "merit-less petition" and such "unscrupulous" litigants must be dealt with a "heavy hand".
National Consumer Disputes Redressal Commission (NCDRC) bench, presided by Justice V B Gupta, made the observation while dismissing the appeal of True Zone Buildwell Pvt Ltd against an order of Haryana State Consumer Disputes Redressal Commission which had upheld a district consumer forum's order, asking the company to provide the apartment to a man.
NCDRC noted that the company had taken Rs two lakh from one Bhoop Singh in year 2006 for an apartment, without disclosing the area, location and plot number etc. And later on cancelled the allotment.
It said that no leniency should be shown to such type of litigants who in order to cover up their own fault and negligence, go on filing merit-less pleas in different foras.
"Equity demands that such unscrupulous litigants, whose only aim and object is to deprive the opposite party of fruits of the decree, must be dealt with a heavy hand. Unscrupulous builders like the petitioner, who after taking booking amount of the plot do not perform its part of obligation, should not be spared.
"A strong message is required to be sent to such type of builders that this Commission is not helpless in such type of matters," the bench said.
It held that the present petition was nothing but gross abuse of process of law and was required to be dismissed with punitive damages.
"Accordingly, present petition stand dismissed with punitive damages of Rs two lakh," the commission said.
In its appeal, the company told the NCDRC that Singh had deposited Rs two lakh with it but at that time no agreement was signed between them.
Later, Singh's registration was cancelled at initial stage and the money was also returned, hence, Singh did not come within the purview of a consumer. However, the district forum had asked the company to hand over the plot to Singh.
Article referred: http://www.business-standard.com/article/pti-stories/firm-to-pay-rs-2l-punitive-damages-for-merit-less-petition-114081400432_1.html
National Consumer Disputes Redressal Commission (NCDRC) bench, presided by Justice V B Gupta, made the observation while dismissing the appeal of True Zone Buildwell Pvt Ltd against an order of Haryana State Consumer Disputes Redressal Commission which had upheld a district consumer forum's order, asking the company to provide the apartment to a man.
NCDRC noted that the company had taken Rs two lakh from one Bhoop Singh in year 2006 for an apartment, without disclosing the area, location and plot number etc. And later on cancelled the allotment.
It said that no leniency should be shown to such type of litigants who in order to cover up their own fault and negligence, go on filing merit-less pleas in different foras.
"Equity demands that such unscrupulous litigants, whose only aim and object is to deprive the opposite party of fruits of the decree, must be dealt with a heavy hand. Unscrupulous builders like the petitioner, who after taking booking amount of the plot do not perform its part of obligation, should not be spared.
"A strong message is required to be sent to such type of builders that this Commission is not helpless in such type of matters," the bench said.
It held that the present petition was nothing but gross abuse of process of law and was required to be dismissed with punitive damages.
"Accordingly, present petition stand dismissed with punitive damages of Rs two lakh," the commission said.
In its appeal, the company told the NCDRC that Singh had deposited Rs two lakh with it but at that time no agreement was signed between them.
Later, Singh's registration was cancelled at initial stage and the money was also returned, hence, Singh did not come within the purview of a consumer. However, the district forum had asked the company to hand over the plot to Singh.
Article referred: http://www.business-standard.com/article/pti-stories/firm-to-pay-rs-2l-punitive-damages-for-merit-less-petition-114081400432_1.html
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