Per Mr. P N Kashalkar, Hon’ble Presiding Judicial Member

1.      This appeal is filed by the original complainant whose complaint has been dismissed by the District Consumer Forum, Amravati by passing the judgment dtd.28.09.2010 in CC No.188/2004.

2.      The appellant had filed the complaint against the Chief Promoter of Shri Renuka Co-op. Housing Society Ltd., Amravati.  His case was that he had deposited `8,000/- in all with the o.p. and o.p. had assured that he would be given a plot of about 2400 sq.ft.  However, it is the grievance of the appellant that he has been given a smaller plot of 1600 sq.ft. by the o.p. in spite of assurance given earlier, of giving 2400 sq.ft. plot.  Hence, he filed the complaint. 

3.      The said compliant was decided on merits and Forum below held that the complaint was not tenable since appellant had failed to establish that there was an agreement between himself and o.p. whereby complainant was given assurance of giving plot of 2400 sq.ft. but actually he was given smaller plot of 1600 sq.ft.

4.      Aggrieved by the dismissal of complaint, complainant filed this appeal.

5.      We heard Adv. Mr. Bhise for appellant.  We perused the papers and we are finding that there is no substance in the appeal.  Appellant has failed to establish that there was an agreement between himself and respondent about giving him plot of 2400 sq.ft. by the o.p. – Society, but Society has given him a smaller plot admeasuring 1600 sq.ft.  The appellant had paid `8,000/- to o.p. and in the receipt issued by the Chief Promoter of o.p. to complainant, nowhere it has been mentioned that the payment was accepted for the plot admeasuring 2400 sq.ft.  There is no written agreement between the parties that the o.p.- Society would give the appellant a plot admeasuring 2400 sq.ft.

6.      In these circumstances, the Forum below has rightly dismissed the complaint.  We are finding no substance in the appeal preferred by the aggrieved complainant. Hence, we pass the following order.

ORDER

1.      Appeal stands summarily rejected.

2.      No order as to costs.

3.      Copies of the order be supplied to the parties free of cost.

Pronounced on 13.04.2011