- (1.) DELAY condoned. 1. The petitioners are aggrieved of the order passed by the National Consumer Disputes Redressal Commission, New Delhi which has refused to entertain the complaint of the petitioners who approached the Forum for a direction to the respondents to constitute a cooperative society and on failure to do so, they claimed compensation on that count.
(2.) HAVING heard the counsel for the petitioners, as also on perusal of the impugned order of the courts below, we are not impressed by the argument advanced on this aspect as the petitioners in the first place could not have approached the consumer forum for a direction as to why the respondent authorities have not constituted a cooperative society. Non -formation of a cooperative society cannot lie within the ambit and scope of deficiency of service so as to claim compensation for the same under the Consumer Protection Act. Therefore, we uphold the orders of the courts below and hence dismiss the special leave petition. If however, non -formation of a cooperative society can lead to the consequence of violation of any Rule or Bye -laws of a Town Planning or any other provision, it will be open for the petitioners to approach the High Court in this regard, but insofar as the claim of compensation under the Consumer Protection Act is concerned, the same has no substance.;