Rajasthan

StateCommission

TA/4/2017

Vikash Singh S/o Mr. Samundra Singh Shekhawat - Complainant(s)

Versus

Jaipur Development Authority - Opp.Party(s)

Nitish Bagari

20 Dec 2017

ORDER

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

 

TRANSFER APPLICATION NO: 04/2017

 

Vikas Singh s/o Samundra Singh r/o 108, Gajraj Apartment, Sarojini Marg, C-Scheme,Jaipur.

Vs.

Jaipur Development Authority through Secretary, Indira Circle, JLN Marg, Jaipur.& ors.

 

Date of Order 20.12.2017

Before:

Hon'ble Mrs. Justice Nisha Gupta- President

 

Mr. Nitish Bagri counsel for the appellant

Mr.R.P.Gupta counsel for the respondent.

 

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

 

The transfer application has been moved to transfer the Complaint No. 36/2017 pending before the District Forum, Jaipur 1^st.

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The contention of the applicant is that matter was listed on 26.9.2017. He raised an objection for the lenient approach of the Forum. At that time the Hon'ble President of the Forum observed in the open court that matter is of commercial nature and shall be dismissed with cost.

 

The other contention of the applicant is that he requested the President to record the same in the order sheet but it was refused. Hence, he is afraid that he will not get justice and the matter may be transferred to any other District Forum in Jaipur.

 

The non-applicant has not submitted any written reply. He denied the allegations.

 

Heard the counsel for the parties.

 

The contention of the counsel for the applicant is that matter is fixed for evidence of the non-applicant since 6.6.2017 and now the next date is 23.1.2018 again for the evidence of the non-applicant and the Forum below is giving unnecessary adjournment to the non-applicant for putting his evidence and

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at the same time on 26.9.2017 the Forum below has made remarks prejudicial to the applicant.

 

The contentions are contrary to each other. If the complaint is not maintainable perse in view of the fact that it relates to commercial nature there was no occasion for the Forum below to allow the adjournment liberally for the evidence of the non-applicant. Hence, the allegation seems to be hollow on the face of it.

 

The other contention of the applicant is that he requested the Forum below to record the incident in the order sheet which has been refused but to utter surprise of this Commission that applicant has not submitted any application before the Forum below on 26.9.2017 for taking the allegations on record. Hence, it seems that the allegations are after thought and coined only for getting the matter transferred unnecessarily and the transfer application deserves to be dismissed.

 

The applicant has submitted the order passed on transfer application no. 13/2014 passed by the Punjab State Consumer

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Disputes Redressal Commission wherein on the facts of the case the matter was transferred with the jurisprudence that the justice must not only be done but must seem to have been done. In the above case the complainant was guilty of concealment of facts and the contention of the respondent in the execution application was that the order has been complied but the Forum was not ready to even take the objections on record which are not the facts here.

 

It may be noted that the matter is pending since 6.6.2017 for evidence of the non-applicant. The next date is informed as 23.1.2018 hence, it is directed to the Forum below that matter may be decided expeditiously and in any case before 28.2.2018.

 

In view of the above the transfer application is dismissed with the above directions.

 

(Nisha Gupta) President

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