NCDRC

NCDRC

CC/230/2011

SUKHBASI LAL BAJPAI - Complainant(s)

Versus

CHIEF SECRETARY OF HOME MINISTRY, U.P. GOVERNMENT & ORS. - Opp.Party(s)

IN PERSON

13 Aug 2012

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
CONSUMER CASE NO. 230 OF 2011
 
1. SUKHBASI LAL BAJPAI
Rameshwar Dham Mandir 116/41 Surander Nagar Rawat Pur Gawn
Kanpur
U.P.
...........Complainant(s)
Versus 
1. CHIEF SECRETARY OF HOME MINISTRY, U.P. GOVERNMENT & ORS.
...........Opp.Party(s)

BEFORE: 
 HON'BLE MR. JUSTICE J.M. MALIK, PRESIDING MEMBER
 HON'BLE MR. VINAY KUMAR, MEMBER

For the Complainant :
: Ms. DEBONTINA SINHA,
AMICUS CURIAE
Along with Complainant in person
For the Opp.Party :NEMO

Dated : 13 Aug 2012
ORDER

JUSTICE J.M. MALIK 1. The case of the complainant, filed before this Commission on 27.04.2011, is this. The complainant is a handicapped farmer. In the year 1985-96, the U.P. Government under some Scheme selected 46 persons including the complainant for allotment of land. 18 persons were given the land but the complainant name found no place in the list. Aggrieved by that, the complainant lodged a complaint with the S.D.M. Thereafter, he approached the Collector, Commissioner, but it did not ring the bell. 2. The Branch Manager, Baroda U.P. Gramin Bank, Branch Biramau was to provide Type Machine under Trisem Scheme (Rozgar) to the applicant/complainant, but the needful was not done. The complainant made some payment from the Savings Bank Account. The Bank was supposed to give him Type Machine, but he could not get the same. The complainant was also granted loan of Rs.2,000/- and Rs.4,000/- which has been swallowed by above branch by which the applicant/ complainant suffered mental physical and loss of Rs.50,000/- annually in about 25 years and incurring loss of being homeless. 3. The Branch Manager, Chaubeypur, Kanpur Nagar, U.P. Co-operative Land Development Bank has got deposited Rs. 800/- for share from the applicant/complainant and granted loan of Rs.9,000/- for pumpset engine and gave Rs.2,500/- for free boring. The complainant has spent Rs.3,500/- for boring but did not get Engine and Pump-set till date and he is incurring loss of farming of Rs.50,000/-. 4. The authorities of Sadhan Sahkari Samiti Nadiha Khurd got deposited Rs.1,000/- and made the complainant its shareholder but he did not get any facility and the complainant had to bear the loss of cultivation in the sum of Rs.1,50,000/-. 5. It is contended that the house of the complainant has fallen down and his land became barren. The brother of complainant, Late Hiralal died. The complainant is deprived of his house and his real brother who died due to the fake loan. The loan is upto Rs.50,000/-. The complainant is to get Rs.50,000/- from the OP. He explains that despite all these, no Government help was given to him. The complainant has been corresponding with the OPs, Home Secretary which correspondence entailed a sum of Rs.2,50,000/-. 6. The complainant is below the poverty line for about 15 years. His house fell down because of the carelessness of the OPs and the complainant is living in Rameshwar Dham Mandir, Surendra Nagar, Rawatpur Gaon, Kanpur Nagar, wherein he had to spend Rs.50,000/- on construction of room and safety tank with the co-operation of the people by spending lakhs of rupees and security. He made request to the OPs but it fell on deaf ears. The complainant had claimed compensation in the sum of Rs.1.45 crores as compensation from the OPs. 7. This petition was drafted by the complainant himself. The above said complaint has neither head nor tail. In order to understand his problem properly, we appointed Ms. Debontina Sinha, Advocate, as Amicus Curiae. She was given three hours time to discuss the matter with the complainant and argue the case on admission of this case. 8. We have heard learned Amicus Curiae for the complainant. First of all, this case is clearly barred by time. The cause of action arose in the year 1985, 1996-97. The instant case is clearly barred by time. The complaint was not filed within a period of two years. 9. Secondly, the complainant is not a onsumer His remedy lies with the Collector of the concerned area. There is no record that actually, he approached the Collector concerned. No document was placed before us. This Commission has no jurisdiction to entertain the request made by him. He has made an attempt to make bricks without straw. Otherwise too, it appears that he does not have a legal right. He has been the unsuccessful allottee of the free land. He has made allegation of corruption against the OPs. There is no evidence to prove the same. The complainant has made a vain attempt to tilt at windmills. The complaint is ill-conceived and is, therefore, dismissed.

 
......................J
J.M. MALIK
PRESIDING MEMBER
......................
VINAY KUMAR
MEMBER

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