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Baskaran Kanakasabai (entrepreneur)     21 December 2019

Page 6 of part ii of "land acquisition beyond...."

page 6 of part II

“For the reasons recorded hereinafter we hold that the Joint Sub-Registrar or concerned officer could be proceeded under the Consumer Protection Act, 1986 in case of issuance of encumbrance certificate without noting all the relevant transfers, encumbrances or transactions with regard to immovable property. The reason is erroneous encumbrance certificate seriously prejudice the rights of the parties and increases litigations and disputes with regard to immovable property.”

Lucknow Development Authority Vs. M.K.Gupta (1994) 1 SCC 243. :

In the case of Lucknow Development Authority the Court held that even if a person is discharging statutory functions, that would not be a ground for holding that the Consumer Protection Act, 1986 is not applicable. The Court has observed : The legislative intention is thus clear to protect a consumer against services rendered even by statutory bodies.



Learning

 1 Replies

P. Venu (Advocate)     28 December 2019

Please post simple facts.

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