Delhi

StateCommission

CC/61/2015

BRIJESH - Complainant(s)

Versus

DIRECTOR GENERAL, AIR FORCE NAVAL HOUSING BOARD - Opp.Party(s)

21 May 2015

ORDER

IN THE STATE COMMISSION: DELHI

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

                                                   Date of Decision: 21.05.2015

Complaint Case No. 61/2015

In the matter of:

Sh. Brijesh

S/o Late Sh. R.B.Gupta

R/o R-576, Jal Vayu Vihar

Greater Noida-201310                                          Complainant

 

Versus

 

Director General

Air Force Naval Housing Board

Air Force Station Race Course

Race Course Road

New Delhi-110003                                                          Opposite Party                                                                

          CORAM

 

JUSTICE VEENA BIRBAL                             -                       PRESIDENT

SALMA NOOR                                                -                       MEMBER

 

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

2.         To be referred to the reporter or not? Yes

 

SALMA NOOR – MEMBER

 

1.      Complainant Sh. Brijesh has filed the present complaint against the Director General Air Force Naval Housing Board, Air Force Station, Race Course, Race Course Road, New Delhi-110003.
2.      The complainant has alleged that he is the original allottee of the Flat No. C-302 in AFNHB Project at Kandaghat, Himachal Pradesh.  He retired from Indian Navy on 30 September 2005.
3.      Grievance of the complainant is that there are a large number of defects in the AFNHB Society.  Stair cases are dark. On two occasions, the complainant fell down during night hours.  There is only one generator with the result that the lifts do not function in the absence of regular supply of electricity.  There is an inadequate arrangement of water supply.  Water is being illegally extracted from HIMUDA Land.
4.      Next grievance of the complainant is that AFNHB Society has given access to outsiders on the private road of the society. It has resulted into increase in maintenance cost, increased danger in road accidents and increase in noise and dust level.  Complainant submitted that easementary rights have been given to the outsiders illegally.
5.      Next submission of the complainant is that fire safety arrangements are inadequate.  Electricity problem is constant in the area.
6.      We have given a careful thought to the complaint placed before us. The complainant in first instance has not made it clear if a relationship of consumer and service provider between him and the AFNHB society exists. Complainant has not placed on record any agreement between him and the AFNHB society.
7.      Complainant has come up with a plethora of grievances against the AFNHB society. One of his grievances relates to easementary given by the AFNHB society to outsiders.  Consumer Courts have no jurisdiction to adjudicate upon the easementary of the parties. The same lies within the jurisdiction of the Civil Courts. Complainant ought have approached the Civil Court for adjudication of the said rights.  Complaint thus filed by the complainant is beyond jurisdiction of the Consumer Courts. The same is hence dismissed in limini.
8.      Copy of the orders be made available to the parties free of costs as per rules and thereafter the file be consigned to Records.

 

(Justice Veena Birbal)

President

 

(Salma Noor)

Member

(f)