HARYANA STATE AGRICULTURAL MARKETING BOARD versus BISHAMBER DAYAL GOYAL AND ORS.

HARYANA STATE AGRICULTURAL MARKETING BOARD versus BISHAMBER DAYAL GOYAL AND ORS.

Statutory Boards allotting sites for business with the promise of development are service providers under the Consumer Protection Act; their failure to provide basic amenities and notify the area as a market yard constitutes deficiency in service, entitling the allottee to proportionate relief including interest on deposited amounts instead of penal charges.

Parties
Appellant: Haryana State Agricultural Marketing Board; Respondents: Bishamber Dayal Goyal and Others
Jurisdiction
India
Judgment Date
26 March 2014
Procedural Posture
Civil Appeal / Final Supreme Court Judgment
Outcome
Appeal dismissed
Legal Topics
Deficiency of Service, Allotment of Sites, Obligation to Provide Amenities, Jurisdiction of Consumer Forum, Interest on Refund/instalments
Consumer Protection Administrative Law Property Law Deficiency of Service Allotment of Sites Obligation to Provide Amenities Jurisdiction of Consumer Forum Interest on Refund/instalments

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Parties

Haryana State Agricultural Marketing Board

Appellant

Bishamber Dayal Goyal and Others

Respondents

Procedural Posture

Civil Appeal / Final Supreme Court Judgment

Legal Issues

  1. 1 Whether the Consumer Forum has jurisdiction over statutory boards allotting sites for business purposes
  2. 2 Whether inaction by the appellant Board amounted to deficiency of services
  3. 3 Whether respondents were justified in withholding balance payment due to lack of amenities

Ratio Decidendi

Statutory Boards allotting sites for business with the promise of development are service providers under the Consumer Protection Act; their failure to provide basic amenities and notify the area as a market yard constitutes deficiency in service, entitling the allottee to proportionate relief including interest on deposited amounts instead of penal charges.

Court Disposition

Appeal dismissed

Orders

  • Interest at 12% per annum to respondents on entire deposited amounts after two years from date of allotment letter until development and notification of area
  • Respondents directed to deposit remaining balance amount