T.N. TREHAN Vs. SADBHAWNA CO-OP. GROUP H. SOCIETY
LAWS(DELCDRC)-2009-3-1
DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on March 06,2009

T.N. Trehan Appellant
VERSUS
Sadbhawna Co -Op. Group H. Society Respondents


Referred Judgements :-

GHAZIABAD DEVELOPMENT AUTHORITY V. BALBIR SINGHL [REFERRED TO]


JUDGEMENT

J.D.KAPOOR,PRESIDENT (ORAL) - (1.)ADMITTEDLY appellant deposited an amount of Rs. 3,64,000 on 2.12.1997 with the respondent -Society for allotment of a flat by the respondent -Society. In spite of having made several representations and requests to various authorities and lastly in January 2004 for allotment of the flat, no flat was allotted. However, ultimately the said amount was returned in January 2004 with interest which was duly accepted by the appellant. However, the appellant filed the instant complaint before the District Forum seeking compensation and interest.
(2.)VIDE impugned order dated 5th September, 2007 the District Forum awarded compensation of Rs. 5,000 and Rs. 2,000 as cost of litigation.
(3.)IN view of the travails suffered by the appellant for such a long time for getting the refund after about 7 years of deposit because of the mismanagement of the respondent -Society as it is alleged that some inquiry was conducted by the Registrar, Cooperative Societies, we deem that the amount of compensation awarded is on the much lower side.
The Supreme Court has widened the connotation of word 'compensation' under the C.P. Act, 1986 in Ghaziabad Development Authority v. Balbir Singh, II (2004) CPJ 12 (SC)=III (2004) SLT 161=(2004) 5 SCC 655, embracing in its fold each and every sufferings like mental agony, harassment, emotional sufferings, and actual and expected loss. The observations of the Supreme Court are noteworthy and are as under: "The word compensation is of a very wide connotation. It may constitute actual loss or expected loss and may extend to compensation for physical, mental or even emotional suffering, insult or injury or loss. The provisions of the Consumer Protection Act enable a consumer to claim and empower the Commission to redress any injustice done. The Commission or the Forum is entitled to award not only value of goods or services but also to compensate a consumer for injustice suffered by him. The Commission/Forum must determine that such sufferance is due to mala fide or capricious or oppressive act. It can then determine amount for which the authority is liable to compensate the consumer for his sufferance due to misfeasance in public office by the officers. Such compensation is for vindicating the strength of law."



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