Delhi

StateCommission

FA/535/2013

D.N. CHATURVEDI - Complainant(s)

Versus

ANSAL HOUSING & CONSTRUCTION - Opp.Party(s)

27 Apr 2016

ORDER

IN THE STATE COMMISSION : DELHI

 

(Constituted under Section 9 of the Consumer Protection Act, 1986)

 

Date of Decision :27.04.2016

First Appeal No. 535/2013

(Arising out of the order dated 14.12.13 passed in Complaint Case TC-807/08 passed by the District Consumer Dispute Redressal Forum-VI, New Delhi District)

 

In the matter of

D.N. CHATURVEDI

S/O SHRI R.C. CHATURVEDI

CHAMBER NO.350

PATIALA HOUSE COURTS

NEW DELHI-110091

 

……Appellant

 

Versus

 

M/S ANSAL HOUSING & CONSTRUCTION LTD.

15, UGF INDRA PRAKASH

21, BARA KHAMBA ROAD

NEW DELHI-110001

THROUGH ITS PROPREITERS

 

…Respondent

 

CORAM

Justice Veena Birbal, President

Salma Noor, Member

1.     Whether reporters of local newspaper be allowed to see the      judgment?

2.     To be referred to the reporter or not?

 

 

Justice Veena Birbal, President

1.          This is an appeal under Section 15 of the Consumer     Protection Act (in short, ’the Act)  wherein challenge is made to order dated 14.2.13 whereby CC No. TC-807/08 filed by the appellant herein i.e. complainant before the District Forum has been dismissed.
2.          Perusal of impugned order shows that the complaint of the appellant/complainant has been dismissed as the flat in respect of which he had filed the complaint had already been sold by him to a third party Mr. Senegar. The Ld. District Forum considering the same has held that complainant has no cause of action to file the complaint against the respondent/OP and has dismissed the complaint.
3.          The relevant portion of the impugned judgment is as under :-

            “The facts show that the complainant after allotment has sold the flat to        Mr. Senegar, and thereafter filed this complaint alleging deficiencies in   respect of earlier plot, in lieu of which he was allotted a separate flat,        which is now transferred by him in the name of third person. We                    entirely agree with the findings of the Forum in its order 15.9.04 in its            operative last Para to say that complainant has no cause of action to             bring this complaint against OP, on the basis of alleged deficiencies in           respect of first plot The complaint is dismissed.”

4.          We agree with the reasoning given by the Ld. District Forum. There is no merits in appeal. Accordingly the same stands dismissed.
5.          A copy of this order as per the statutory requirements be forwarded to the parties free of charge and also to the District Forum- VI, New Delhi District for information.

     File be consigned to record room.

 (Justice Veena Birbal)

President

 

 

(Salma Noor)

Member