Rajasthan

StateCommission

A/1004/2017

Smt. Savitri Devi w/o Mota Ram Saharan - Complainant(s)

Versus

Jaipur Development Authority - Opp.Party(s)

P.L. Sharma

05 Jan 2018

ORDER

BEFORE THE CONSUMER DISPUTES REDRESSAL COMMISSION,RAJASTHAN,JAIPUR BENCH NO.1

 

 

FIRST APPEAL NO: 1004/2017

 

Smt.Savitri Devi w/o Motaram Saharan r/o Qr.No. 152 Sector 12 Hanumangarh Jn. Hanumangarh (Raj.)

Vs.

Jaipur Development Authority through Secretary Jawaharlal Nehru Marg, Jaipur. & ors.

 

Date of Order 5.1.2018

 

Before:

Hon'ble Mrs. Justice Nisha Gupta- President

Mrs. Meena Mehta-Member

Mr. Shashi Shekhar Gaur counsel for the appellant

 

BY THE STATE COMMISSION ( PER HON'BLE MRS. JUSTICE NISHA GUPTA,PRESIDENT):

 

This appeal has been filed against the order passed by

 

2

 

the District Forum, Jaipur 4^th dated 13.7.2017 whereby the complaint is dismissed. The matter has come upon application u/s 5 of the Limitation Act as the appeal is filed with delay of 15 days. Looking at the facts mentioned in the application the delay is condoned.

 

The contention of the appellant is that she is a consumer and complaint should have been entertained.

 

Heard the counsel for the appellant and perused the impugned judgment.

 

It is not in dispute that the property was purchased in public auction and the Forum below has rightly held that the person who is a purchaser in public auction cannot be termed as consumer and further more it may be noted that Shop No. D 14 was purchased hence, the complainant could not fall under the definition of consumer as admittedly the shop was purchased for commercial purpose.

 

Hence, in view of the above the Forum below has

 

3

 

rightly dismissed the complaint. There is no merit in this appeal not worth admission and stands dismissed.

 

(Meena Mehta) (Nisha Gupta)

Member President

 

nm