BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BHIWANI.

                                                                      Complaint No.:157 of 2015.

                                                                      Date of Institution: 01.06.2015.

                                                                      Date of Decision:23.05.2016

Dhani Ram son of Shri Udmi Ram, resident of House No. 335, Sector-14, Faridabad.

                                                                                ….Complainant.

                                        Versus

Municipal Council, Bhiwani through its Secretary.

                                                                           …...Opposite Party. 

COMPLAINT U/S 12 & 13 OF CONSUMER PROECTION ACT.

BEFORE: - Shri Rajesh Jindal, President

         Smt. Ansuya Bishnoi, Member

Present:- Shri Bijender Yadav, Advocate, for complainant.

     Shri Mandeep Singh Godara, Advocate for OP.

ORDER:-

Rajesh Jindal, President:

                    The case of the complainant in brief, is that he is owner in possession of one plot No. 38, situated in M.C. Colony, Near Rohtak Gate, Bhiwani since 1981.  It is alleged that he had deposited a sum of Rs. 2,327.80P with M.C. Hisar vide receipt No. 13 dated 07.12.1981.  It is alleged that he paid all the four installments but in the record of M.C. Bhiwani, only three installments have been recorded and there is no record of deposit of 4^th installment by the complainant. It is alleged that he wants to get the sale deed of the above said plot registered in his favour from M.C. Bhiwani after making payment of the principal amount of Rs. 1,690/- alongwith simple interest.  It is alleged that the complainant running from pillar to post for the last many years and has met every officer of M.C. Bhiwani in this regard and even taken recourse to application under Section 6 of RTI Act but in vain.  It is alleged that after personal visits and oral reminders and written requests of the complainant did not yield any response from M.C. Bhiwani. The complainant further alleged that due to the act and conduct of the respondents, he had to suffer mental agony, physical harassment and financial losses. Hence, it amounts to deficiency in service on the part of respondent and as such he had to file the present complaint.  

2.                 We have heard the counsel for the parties on the application of the OP for the dismissal of the complaint on the ground of jurisdiction.

3.                 As per the contention of the complainant the complainant is owner in possession of one plot no. 38, situated in M.C. Colony, Near Rohtak Gate, Bhiwani since 1981.  The complainant has paid all the four installments but in the record of OP/M.C. Bhiwani, only three installments has been recorded and there is no record of four installments paid by the complainant.  He has prayed that the OP may kindly be directed to calculate the amount of interest on the 4^th installment of Rs. 1690/- and the execution of sale deed and the payment of compensation.

4.                 From the pleadings of the complainant he has filed this complaint on the basis of the plot which was allotted to him in 1981.  The complainant has not annexed any allotment letter in respect of allotment of the plot in question in favour of the complainant by the OP nor produced the receipts for the payment of all four installments as alleged by him.  No due dates of installments has been mentioned.  The complainant has not mentioned when all the installments were become due and when the same were paid by him.  From the pleadings of the complainant no case of deficiency in service is made out against the OP.  The complainant has failed to mention the date when the cause of action accrued to him for the purpose of calculating the limitation under Section 24 (a) of the Consumer Protection Act.  From the pleadings of the complainant we have come to this conclusion that the complaint of the complainant is not maintainable before this District Forum.  The complainant has invoke the jurisdiction of this District Forum on false and frivolous grounds.

5.                 Considering the facts of the case, we do not find any merit in the complaint and the same is hereby dismissed with Rs. 1500/- as cost to be deposited by the complainant with this District Forum within 30 days from the date of passing of this order.  The Superintendent of this office is directed to ensure the compliance of this order. Certified copies of the order be sent to the parties free of costs.  File be consigned to the record room, after due compliance.

Announced in open Forum.

Dated: 23.05.2016.                                             (Rajesh Jindal)

                                                                                President,   

                                                                      District Consumer Disputes

                                                                      Redressal Forum, Bhiwani.

   (Ansuya Bishnoi)                  

                            Member.