Rajasthan

StateCommission

A/676/2016

Jaipur Development Authority Through Commissioner - Complainant(s)

Versus

Mahesh Chadn Gupta s/o Madan Mohan Gupta - Opp.Party(s)

Mukesh Meena

14 Oct 2016

ORDER

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

 

 

FIRST APPEAL NO:676 /2016

 

Jaipur Development Authority, Jaipur Zone 12, JDA Circle, JLN Marg, Jaipur through Dy.Commissioner & ors.

Vs.

Mahesh Chand Gupta r/o New Colony, Mandavar Tehsil Mahua, Distt. Dausa

 

Date of Order 14.10.2016

 

Before:

Hon'ble Mrs. Justice Nisha Gupta- President

Hon'ble Mr. Kailash Soyal -Member

 

Mr. Mukesh Meena counsel for the appellant

 

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

 

 

2

 

This appeal has been filed against the judgment of the learned DCF, Jaipur 4^th dated 11.5.2016 whereby the claim has been allowed against the appellant.

 

The contention of the appellant is that due to operation of stay by the High Court of Rajasthan, the plot could not be handed over to the complainant. Now, they have allotted Plot No. 283 in Ashraya Vihar Yojna but the Forum below has not considered this fact and order should have been vacated.

 

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

 

Before the Forum below this fact has not been submitted by the appellant that any plot has been allotted to the complainant in any other scheme. There is no dispute about the fact that a plot has been allotted to the complainant in Dr.B.R.Ambedkar Residential Scheme and requisite amount has been deposited by the complainant. Inspite of this he has not been allowed the possession of the plot and lease deed has also not been executed in favour of the complainant. Now, before this Commission the appellant has come with a different case that another plot has been allotted to the

3

 

complainant but still the fact remain the same that possession has not been handed over to the complainant of any plot and the Forum below has rightly held that when stay has been vacated by the Rajasthan High Court on 28.2.2011 inspite of this possession of the plot has not been handed over to the complainant, it is manifestly deficiency of service on the part of the appellant and the Forum below has rightly ordered to hand over the possession of the plot to the complainant and so also to execute the lease deed.

 

Hence, there is no merit in this appeal not worth admission and stands rejected.

 

(Kailash Soyal) (Nisha Gupta )

Member President

 

 

nm