Haryana

Kurukshetra

CC/261/2021

Mahinder Alias Mahinder Singh S/o Amar Singh - Complainant(s)

Versus

Gram Panchyat - Opp.Party(s)

D.P.Chahuan

08 Sep 2021

ORDER

Mohinder alias Mahender Singh Vs. Gram Panchayat Bhainsi Majra etc.

 

Present: Sh.Bal Krishan Gupta Advocate for the complainant.

ORDER:

                Heard on the maintainability of the present complaint.

2.             In brief the complainant had taken the land measuring 19 Kanals (two Acres and three kanals) on lease from the Ops in open auction for a sum of Rs.91, 025/- for the period of 2021-2022 and paid the total consideration to the Ops. The complainant also took one acre of land on lease for Rs.37,200/- and paid the said amount also to the Ops.  It is further case of the complainant that at the time of auction, OP no.3 had orally assured that in case of flood in the said land, it will be the responsibility of the Ops to get removed water from the land in question on the expenses of the Ops. It is also submitted that due to over flow of the pond and due to heavy water of the  village, the water entered into the land of the complainant and damaged the crops of the complainant.

3.             We have heard the learned counsel for the complainant and gone through the case file very carefully.

4.             After hearing the learned counsel for the complainant, we are of the view that the complainant is not consumer qua the Ops as envisaged under the provisions of the Consumer Protection Act. The complainant has not purchased any goods for consideration as per provisions of the Consumer Protection Act and the complainant had taken the land on lease for a specific period  and as such the present complaint under the Consumer Protection Act is not maintainable and the same is hereby dismissed. However, the complainant will be at liberty to file a suit under the competent/appropriate court as per law. The file be consigned to the record room after due compliance.

Announced:

Dated: 08.09.2021.                      

 

                                                                        President.

                                                                               

                        Member             Member