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Consumer RightsSupreme Court of India

Punjab Urban Planning & Development Authority v. Kanwaljit Singh Ahluwalia

Civil Appeal · 2018 INSC 871Decided 25 Sept 2018
Civil Appeal No. 4639 of 2010
Justice Abhay Manohar Sapre · Justice Mohan M. Shantanagoudar

Background

The respondents bought a residential plot in Patiala from the Punjab Urban Planning and Development Authority and began construction after completing the required formalities, but the Authority forced them to halt construction midway over a site-plan dispute, which it later reversed on its own. The respondents filed a consumer complaint seeking compensation for the resulting delay, cost escalation, and mental harassment, and won before the District Forum, the State Forum, and the National Consumer Disputes Redressal Commission in succession.

Decision Breakdown

The Supreme Court held that all three consumer forums had concurrently and consistently found the Authority, not the homeowners, at fault for the construction delay, and that these concurrent factual findings disclosed no perversity, illegality, or arbitrariness warranting interference. It noted the Authority itself had admitted undue delay in permitting the respondents to resume construction. Finding no merit in the Authority's appeal, the Court dismissed it and upheld the compensation award, adding costs of Rs. 10,000 payable to the respondents.

Lesson Learnt

Where a statutory authority causes a consumer avoidable delay or harassment through its own administrative flip-flopping, concurrent findings of deficiency in service by multiple consumer forums will not ordinarily be disturbed by the Supreme Court absent a clear error of law or perversity.

Punjab Urban Planning & Development Authority v. Kanwaljit Singh Ahluwalia – Legal Case Shots | LegalAware