SC: National Consumer Forum can’t dismiss a revision plea for increase of compensation

Recently, the Supreme Court in a plea against the denial for enhancement in compensation by the National Consumer Dispute Redressal Commission ordered that the national forum can't dismiss a complaint filed by a complainant for the revision of payments and interest. In the present case, Kusum Aggarwal (the complaint) had applied for a shop in the commercial complex which was offered by Harsha Associates (Respondents) for an amount of Rs 4,80,000, and complaint moved to the consumer forum after the possession was not delivered. The forum ordered the respondent company to deliver the possession. The respondents in the meanwhile sold allocated shop to another party. After which, the state consumer forum asked the respondents for repayment of consideration to the aggrieved complainants within a month. Thereafter, the complainants approached the NCDRC (National Consumer Disputes Redressal Commission, New Delhi) for revision of compensation as no interest was awarded by the state consumer forum. The national commission dismissed the plea on the ground that space was a commercial space and the complainants were not consumers. A single judge bench comprising of Justice Deepak Gupta passed the order and observed: “ This was not a defence raised by the respondent either before the District Consumer Forum or before the State Consumer Commission. As a matter of fact, the respondent had not even challenged the order of the State Consumer Commission. As per our view, the National Consumer Dispute Redressal Commission, in a revision plea filed by the aggrieved complainants asking for enhancement of compensation and payment of interest, and can not dismiss the petition.” The Supreme Court awarded a compensation of Rs, 2,55,000/- in all along with interest @18% per annum payable from 06.12.2004 till payment of the entire amount.