NCDRC Can’t Dismiss Complaint on Complainant’s Revision Plea For Enhanced Compensation: SC [Read Judgment]

The Supreme Court, in setting aside an order of the National Consumer Disputes Redressal Commission (NCDRC), has held that while considering a revision petition filed by the complainant praying for increase of compensation and payment of interest, it could not have dismissed the petition itself.

In the instant case, the complainants had jointly applied for one shop in the complex which was offered to them by Harsha Associates for a total consideration of Rs 4,80,000, and they approached the forum as the possession of the shop was not delivered. The forum directed the company to deliver the possession. In the meanwhile, the company sold the shop to another person. The state forum directed the company for repayment of amount to the complainants within one month.

The complainants, as interest was not awarded by the state forum, filed revision petition before the National Consumer Disputes Redressal Commission, New Delhi. The national commission did not decide the matter on merits but held that the space was a commercial space and held that they were not consumers and dismissed the petition.

Setting aside the order, the apex court bench comprising observed: “This was not a defence raised by the respondent either before the District Forum or before the State Commission. In fact, the respondent had not even challenged the order of the State Commission. In our view, the National Commission, in a revision petition filed by the complainant praying for increase of compensation and payment of interest, could not have dismissed the petition itself.”