NCDRC

NCDRC

RP/384/2012

VISHAN DASS - Complainant(s)

Versus

HARYANA STATE AGRICULTURE MARKETING BOARD & ANR. - Opp.Party(s)

IN PERSON

06 Sep 2012

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 384 OF 2012
 
(Against the Order dated 25/10/2011 in Appeal No. 1801/2005 of the State Commission Haryana)
1. VISHAN DASS
S/o jagat Ram, R/o H.No-64/5 Majra Mohalla Shahbad (M)
Kurukshetra
Haryana
...........Petitioner(s)
Versus 
1. HARYANA STATE AGRICULTURE MARKETING BOARD & ANR.
Sector-6, Through Chief Adminstrative
Panchkula
Haryana
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE K.S. CHAUDHARI, PRESIDING MEMBER
 HON'BLE MR. SURESH CHANDRA, MEMBER

For the Petitioner :
Ms.Surekha Raman, Amicus Curiae with
petitioner in person.
For the Respondent :NEMO

Dated : 06 Sep 2012
ORDER

Heard learned Amicus Curiae with petitioner in person. In this matter, shop was purchased in auction by petitioner and as the OPs did not issue relevant certificates to the petitioner, the petitioner filed complaint before the District Forum and the District Forum vide its order dated 02.09.2005 directed the respondents/OPs to provide relevant certificates like no dues certificate, occupation certificate and license etc. and further directed not to charge any interest on the installments due till completion of development. This order was assailed by the respondents before the learned State Commission and the learned State Commission vide impugned order dated 25.10.2011 set aside the order of the District Forum and dismissed the complaint on the basis of Apex Court judgment in U.T. Chandigarh Administration & Anr. v. Amarjeet Singh & Ors. (2009) 4 SCC 660 wherein it was held that in the matter of public auction complainant does not fall within the purview of consumer. Learned counsel for the petitioner conceded that as the property was purchased by auction, his case is also covered by Amarjeet Singh case (Supra). In such circumstances, the petition is liable to be dismissed. Consequently, the petition filed by the petitioner is dismissed in the light of Amarjeet Singh case (Supra) but the petitioner will be free to take appropriate action against the respondents in any other forum and time spent in District Forum, State Commission and National Commission will be considered by the concerned forum in the light of the judgment passed by the Honle Supreme Court in the case Laxmi Engineering Works Vs. P.S.G. Industrial Institute [(1995) 3 SCC 583.]

 
......................J
K.S. CHAUDHARI
PRESIDING MEMBER
......................
SURESH CHANDRA
MEMBER

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