10.12.2015 Present: Complainant is present in person.
Sh. Vivek Dogra, Ld. ADA for the opposite party.
2. The present complaint has been filed by one Sh. Kamal Raj stating that the opposite party has constructed a water tank over his land and he was assured for compensation of Rs.15 lakh, but it was not paid to him. Hence, the complaint was filed for the payment of compensation.
3. After hearing both the parties and going through the record, we are of the opinion that in the light of pleaded case of the complainant, the present complaint is not maintainable because the complainant has prayed for compensation from the opposite party for the water tank constructed over his land. For the same, the complainant has got remedy under the Land Acquisition Act. The Ld. ADA has stated at the bar that the department has initiated proceedings for payment of due compensation under the Land Acquisition Act. Therefore, the complainant would get due compensation. In case he will not be satisfied with the amount of compensation, he shall have remedy under the provisions of the Land Acquisition Act for the enhancement of compensation. Certainly, the complainant is not a consumer to get compensation for his land acquired by the opposite party for the construction of a water tank.
4. Hence, for the aforesaid reasons, the objection of maintainability taken by the opposite party is sustainable under law and the same is decided in favour of the opposite party. Consequently, the present complaint is dismissed. Parties shall bear their own costs.
5. Copy of this order be supplied to the parties free of cost as per rules.
6. The file, after due completion, be consigned to the record room.
Announced. (Purender Vaidya)
10.12.2015. President,
Disatrict Consumer Forum, Mandi,H.P.
(Rama Verma) (Akash Sharma) Members.
