NCDRC

NCDRC

RP/1338/2007

JAGANATH PRASAD GUPTA - Complainant(s)

Versus

SECRETARY MATHURA VRINDAVAN DEVELOPMENT AUTHORITY - Opp.Party(s)

ASHUTOSH SHARMA

23 May 2011

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 1338 OF 2007
 
(Against the Order dated 17/01/2007 in Appeal No. 1737/1994 of the State Commission Uttar Pradesh)
1. JAGANATH PRASAD GUPTA
KADAMB. VIHAR
-
MATURA
...........Petitioner(s)
Versus 
1. SECRETARY MATHURA VRINDAVAN DEVELOPMENT AUTHORITY
DEVELOPMENT AUTORITY
MATURA
-
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE ASHOK BHAN, PRESIDENT
 HON'BLE MRS. VINEETA RAI, MEMBER

For the Petitioner :
Mr. S. K. Sharma, Advocate
For the Respondent :
Mr. Sanjay Kumar Singh for Mr. M. P. Shorawala, Advocate

Dated : 23 May 2011
ORDER

Complainant/petitioner was allotted a plot by the respondent.  Grievance of the petitioner is that the respondent failed to provide water for construction of the house.  The stand taken by the respondent was that the respondent had provided tubewell

 

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connection to the allottees and since the petitioner had not applied for the same, the water connection was not given to him.  Aggrieved by this, petitioner filed the complaint before the District Forum.

          District Forum allowed the complaint and directed the respondent to pay Rs.10,000/- by way of damages and Rs.200/- as costs.

          Respondent being aggrieved filed the appeal before the State Commission.  The State Commission has allowed the appeal and reversed the order passed by the District Forum holding that there was no deficiency in service on the part of the respondent; the water connection was not given as the petitioner had not applied for the same.

          Counsel for the petitioner fairly concedes that the petitioner had not applied for the water connection.  Water connection could be given only if the petitioner had applied for the same.  There is no deficiency in service on the part of the respondent in not giving the

 

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water.  We find no infirmity in the order passed by the State Commission.  Dismissed.

 
......................J
ASHOK BHAN
PRESIDENT
......................
VINEETA RAI
MEMBER

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