Order of State Commission awarding compensation, set aside in absence of such plea in complaint

National Consumer Disputes Redressal Commission (NCDRC): Unless any amount is claimed in the complaint for mental agony and harassment, compensation for the same cannot be granted, observed NCDRC while setting aside an order passed by Punjab State Consumer Disputes Redressal Commission awarding an amount of Rs. 50,000/- as compensation for harassment and mental agony to the complainant. Earlier the complainant who had booked flat with JTPL Township (P) Ltd. had requested the real estate firm to refund the amount due to delay in construction, but amount was not refunded. When the complainant approached District Forum, it allowed complaint and directed JTPL Township (P) Ltd. to refund Rs.3,00,000/- with interest along with Rs.5,000/- as expenses incurred in personal visits, etc. and Rs.4,000/- as litigation cost.  Appeal filed by the complainant was also allowed by the State Commission, which further allowed Rs.50,000/- as compensation for harassment and mental agony to the complainant. After hearing both the parties, NCDRC observed that, “Unless any amount is claimed in the complaint for mental agony and harassment, learned State Commission ought not have allowed compensation of Rs.50,000/- on this count”. While confirming the order of District Forum, NCDRC set aside the order of State Commission awarding compensation. (JTPL Township (P) Ltd. v. Rana Ranjit Singh Dhillon, 2014 SCC OnLine NCDRC 342, decided on October 17, 2014)