“A Pedantic And Hyper-Technical Approach Would Cause Damage To The Very Concept Of Consumerism”- SC Holds In Consumer Case
The Supreme Court while allowing a batch of two appeals in a consumer case has held that a pedantic and hyper-technical approach would cause damage to the very concept of consumerism.
The two-Judge Bench of Justice J.K. Maheshwari and Justice M.M. Sundresh observed, “Complaints have already been registered, and in any case, the issue pertaining to registration and the byelaws has got no relevancy, particularly in light of the submission made by the learned counsel for the appellant that affidavits have been filed by individual allottees. A pedantic and hyper-technical approach would cause damage to the very concept of consumerism.”
The Bench noted that even after five years, the appellant was unable to proceed and that the cases have not progressed.
Senior Advocate Narendra Hooda appeared on behalf of the appellant while Advocate Debesh Panda appeared on behalf of the respondent.
In this case, the appellant was an association registered under Section 6 of the Haryana Registration and Regulation of Societies Act, 2012 (HRRS Act) and the respondent was a builder tasked with the development of a housing project. As per the appellant, the respondent had failed in its obligation to construct and complete the promised flats within the timeline agreed upon.
The appellant approached the National Consumer Disputes Redressal Commission (NCDRC) by filing complaints on behalf of the allottees. The State Registrar, Haryana directed the appellant to amend its byelaws within six months indicating that any failure to comply would result in cancellation of the registration granted already as a result of which the appellant was aggrieved and also filed a plea before the High Court.
The Supreme Court after hearing the contentions of the counsel observed, “The orders passed by the State Registrar and the Registrar General, Haryana were challenged before the High Court of Punjab & Haryana, at Chandigarh, in C.W.P. No. 19666 of 2021 together with an application for stay. Though, the matter is still pending adjudication there is no interim order as of now. … Seeking to set aside the aforesaid orders passed by the National Commission, the present appeals are filed before us.”
The Court said that in light of the exposition of the law, which the National Commission itself took note of in its subsequent decision, the appeals deserve to be allowed and hence directed the NCDRC to proceed to hear the matters on merits expeditiously.
Accordingly, the Court allowed the appeals and set aside the orders.
Cause Title- Alpha G184 Owners Association v. Magnum International Trading Company Pvt. Ltd.
