Jurisdiction of Consumer Forum
Parveen Kr. Aggarwal
(Querist) 02 February 2010
This query is : Resolved
(i) Whether a District Consumer Forum can entertain counter claim?
(ii) Whether a District Consumer Forum can grant relief in favour an opposite party against the other opposite party?
Facts:
"A" and "B" were allotted plots numbers 96 and 97, respectively by a statutory urban development authority controlled and managed by State Govt. As the entire row of 20 plots was unconstructed, the Junior Engineer of the authority wrongly demarcated the land of plot No. 96 while delivering possession of plot to "B" and he after bona fidely accepting possesion of the plot raised construction of house thereon expending hefty sum of money. When "A" approached the authority for getting possession of his plot (No. 96), the authority realised its mistake. "A" filed a complaint before the District Consumer Forum impleading the authority and "B" as parties claiming compensation alleging deficiency in services.
Whether "B" has any liability towards "A"?
Whether "B" can claim compensation against the authority in the same complaint?
Raj Kumar Makkad
(Expert) 02 February 2010
(1) No.
(ii). In the given case A has no cause of action against B before consumer fora and he can demand compensation only against authority deficient in service,
Bhumik Dave
(Expert) 03 February 2010
a can't go in cdrf bcoz he has no c. of actn. against b. bt he can filed comp. against authority 4 deffic. in service.
