HARYANA URBAN DEVELOPMENT AUTHORITY AND ANR. versus SATISH HANS

HARYANA URBAN DEVELOPMENT AUTHORITY AND ANR. versus SATISH HANS

National Commission to reconsider the matter in light of the law laid down in Surinder Mohan v. Municipal Corporation and Anr.; decision on whether subsequent proceedings under the Consumer Protection Act are barred after availing alternate remedies to be determined accordingly.

Parties
Appellant: Haryana Urban Development Authority and Anr.; Respondent: Satish Hans
Jurisdiction
India
Judgment Date
29 April 2009
Procedural Posture
Civil Appeal / Appeal Against Order of National Consumer Disputes Redressal Commission
Outcome
Appeal allowed to the extent of remitting the matter for reconsideration. No costs.
Legal Topics
Re Calculation of Dues, Interest Rate on Allotment, Res Judicata Under Consumer Protection Act
Consumer Protection Re Calculation of Dues Interest Rate on Allotment Res Judicata Under Consumer Protection Act

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Parties

Haryana Urban Development Authority and Anr.

Appellant

Satish Hans

Respondent

Procedural Posture

Civil Appeal / Appeal Against Order of National Consumer Disputes Redressal Commission

Legal Issues

  1. 1 Whether the allottee could approach the fora under the Consumer Protection Act after availing remedies before appellant authority
  2. 2 Whether interest should be calculated at a simple or compound rate according to the allotment letter

Ratio Decidendi

National Commission to reconsider the matter in light of the law laid down in Surinder Mohan v. Municipal Corporation and Anr.; decision on whether subsequent proceedings under the Consumer Protection Act are barred after availing alternate remedies to be determined accordingly.

Court Disposition

Appeal allowed to the extent of remitting the matter for reconsideration. No costs.

Orders

  • Matter remitted to National Commission for reconsideration in light of Surinder Mohan v. Municipal Corporation and Anr.