NCDRC

NCDRC

RP/3237/2006

THE COMMISSIONER, RAJKOT MUNICIPAL CORPORATION AND ANR. - Complainant(s)

Versus

DR. HEMANG H. VASAWADA - Opp.Party(s)

MR. JATIN ZAVERI

13 Aug 2012

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 3237 OF 2006
 
(Against the Order dated 17/08/2006 in Appeal No. 28/2005 of the State Commission Gujarat)
1. THE COMMISSIONER, RAJKOT MUNICIPAL CORPORATION AND ANR.
RAJKOT MUNICIPAL CORRORATION
RAJKOT
-
...........Petitioner(s)
Versus 
1. DR. HEMANG H. VASAWADA
'MADHUKUNJ' OPP. MADHURAM HOSPITAL
DHEBAR ROAD, BHAKTINAGAR SOCIETY,
RAJKOT (GUJARAT)
...........Respondent(s)

BEFORE: 
 HON'BLE MR. ANUPAM DASGUPTA, PRESIDING MEMBER
 HON'BLE MR. SURESH CHANDRA, MEMBER

For the Petitioner :MR. JATIN ZAVERI
For the Respondent :
NEMO

Dated : 13 Aug 2012
ORDER

This revision petition is directed against the order dated 17.08.2006 of the Gujarat State Consumer Disputes Redressal Commission, Ahmedabad (in short, he State Commission in complaint case no. 28 of 2005. By this order, the State Commission held that the complainant/respondent in this petition who purchased a plot of land sold in an open auction by the opposite party (petitioner in this petition) was a onsumerwithin the meaning of the term under the Consumer Protection Act, 1986 (he Act 2. We have heard Mr. Jatin Zaveri, learned counsel for the petitioner. The respondent/complainant was directed to be proceeded against ex parte by this Commission order dated 25.07.2011 because of his non-appearance/non-representation on that date despite having been duly served with notice. 3. A short point is involved in this petition. It is, in fact, difficult to see how the State Commission could take the view that it did despite specific preliminary objection by the petitioner that the buyer of the plot of land in an open auction could not claim the status of a onsumerunder section 2(i)(d) of the Act. Mr. Zaveri has drawn our attention to various judgments of the Apex Court and, in particular, that in U.T. Chandigarh Administration and Anr. v Amarjeet Singh and Others [(2009) 4 Supreme Court Cases 660 ] and of this Commission in U. P. Avas Evam Vikas Parishad v Smt. Urmila Gupta [(2002) CPJ 131 (NC)] and Amritsar Improvement Trust v Sanjay Kumar [(2002) CPJ 107 (NC)]. He also furnished a copy of the terms and conditions of the auction of the plot of land in question by the petitioner Municipal Corporation. 4. From a reading of the terms and conditions, it is quite clear that the Municipal Corporation did not assure to provide any developmental service in auctioning of some plots of land on 30.11.1994, one of which was purchased by the complainant/respondent. Thus, it was a case of transaction in immovable property with no element of service involved therein. Hence, the relationship between the petitioner/Municipal Corporation and the buyer/respondent could not be that of a ervice providerand onsumerunder the provisions of the Act. The ratio of the judgment of the Apex Court in the UT Chandigarh case is squarely applicable to the facts of this case. It is also undisputed that the respondent did not fulfil the conditions regarding payment of price of the plot in accordance with the terms and conditions of the auction. 5. In view of the foregoing discussion, the revision petition is allowed, the impugned order is set aside and the complaint is dismissed, with no order as to costs.

 
......................
ANUPAM DASGUPTA
PRESIDING MEMBER
......................
SURESH CHANDRA
MEMBER

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