2020 (3) ADR 329

Supreme Court Of India

(From: NCDRC, New Delhi)*

Hon'ble Judge(s): Abhay Manohar Sapre, Dinesh Maheshwari , JJ

(A) Consumer Protection Act (68 of 1986) , S.17, S.21— Pecuniary jurisdiction -Deficiency in service - Plea of pecuniary jurisdiction cannot be raised for the first time before National Commission - When State Commission decided matter on merits, such technical objection cannot be countenanced before National Commission - Plea not tenable. (Para 7) (B) Consumer Protection Act (68 of 1986) , S.2(1)(g), S.2(1)(r)— Deficiency in service - Damages - No proof found towards claim of purchaser society for refund of amount borrowed by builder towards temporary loan, possession charges, interior work - Before State Commission, Society restricted its prayer for recovery of sum of Rs. 25,00,000/- with reference to minutes of meeting - No evidence of loss suffered by Society - Since Society agreed to take possession without occupancy certificate, order to pay Rs. 3,00,000/- for not obtaining occupancy certificate, set aside - Order of National Commission to pay Rs. 25,00,000/- to Society, upheld. (Para 9 10 11 14) .....