Supreme Court of India

Huda v. Vidya Chetal

Neutral citation

Bench N.V. Ramana, Mohan M. Shantanagoudar and Ajay Rastogi JJ.

Decided 16 September 2019

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

1 Supreme Court bench has cited this judgment.

What the Court ordered

We hold that the determination of the dispute concerning the validity of the imposition of a statutory due arising out of a “deficiency in service”, can be undertaken by the consumer fora as per the provisions of the Act.

Judgment, page 15

From the headnote

Consumer Protection Act, 1986 – ss.2(1)(d)-(g), 2(1)(o) – Interpretation of – Law laid down by Supreme Court in HUDA vs. Sunita holding that the National Consumer Disputes Redressal Commission (NCDRC) had no jurisdiction to adjudicate the legality behind the demand of “composition fee” and “extension fee” made by HUDA, as the same being statutory obligation, does not qualify as “deficiency in service” – Validity of – Held: Certain statutory dues, such as fees, can arise out of a specific relation – Such statutory dues might be charged as quid pro quo for a privilege conferred or service…

Authorities it was built on

1954 The Commissioner, Hindu Religious Endowments, Madras v. Sri Lakshmindra Thirtha Swamiar of Sri Shirur Mutt. cited by 34
1993 Lucknow Development Authority v. M.K. Gupta cited by 23
2004 Ghaziabad Development Authority v. Balbir Singh cited by 8
1979 Kewal Krishan Puri & Anr. v. State of Punjab & Others cited by 7
2017 Om Prakash v. Reliance General Insurance and Anr. cited by 1
2006 Standard Chartered Bank Ltd. v. Dr. B.N. Raman cited by 1

Where later benches applied it

2020 The Joint Labour Commissioner and Registering Officer & Anr. v. Kesar Lal relied on

Of those, 1 relied on

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