Legal Question in Consumer Law in India

Dificiency in service
A builder bringing up multistory building in metropolitan area is bound by a statutory order of the government to donate a portion of open land as �out side residential� area to the city metropolitan development authority with easy access to it by the public. An association of owners formed when builder hands over the complex can not claim the vacant land and develop it as a park or use it for any other purposes for the benefit if the owners of the complex. The statutory order is flouted in many cases. The authority carries the sole responsibility of converting the area to its choice with in the provisions of the statutory provision by employing its agent like corporations. The authority to whom the area is donated is bound by the statutory order to develop the area for usage of the tax payers. Can a tax payer , utilizing the provisions in the statutory law , become a consumer and sue the development authority for deficiency of service in not converting the for the purpose usage of the tax payer even though as many as five years had elapsed after the donation had taken place?

Asked on 3/02/09, 12:04 am

3 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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Re: Dificiency in service

Yes, the tax payers may be entitled to first make appropriate representations to the authorities and if they do not receive a favourable response, they may approach the court demanding use of the area for the designated purpose.

You may also consider filing a Public Interest Litigation in the High Court after expiry of notice period.

Answered on 3/02/09, 8:20 am

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Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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Re: Dificiency in service

Continued....

The point you are raising is possibly covered in a Division Bench Judgement rendered by the Punjab and Haryana High Court in Ansals Housing and Properties Limited v. State of Haryana and others, reported as (2000)1 PLR (PB) 663.

Answered on 3/02/09, 8:24 am

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