BEFORE THE CONSUMER DISPUTES REDRESSAL COMMISSION,RAJASTHAN,JAIPUR BENCH NO.1
FIRST APPEAL NO: 1269/2016
Jaipur Development Authority, JLN Marg, Jaipur through Secretary & ors.
Vs.
Shailendra Sharma s/o Seduram Prop. M/s. Diamond Engineering A-6A, Transport Nagar, Jaipur.
Date of Order 24.3.2017
Before:
Hon'ble Mrs. Justice Nisha Gupta- President
Hon'ble Mrs. Meena Mehta -Member
Mr. Ajayraj Tantia counsel for Mr. Manish Sharma counsel for the appellants
Mr. Ranjeet Kheechar counsel for the respondent
BY THE STATE COMMISSION ( PER HON'BLE MRS. JUSTICE NISHA GUPTA,PRESIDENT):
2
This appeal has been filed against the order of learned District Forum, Jaipur 4th dated 13.6.2016 whereby the claim has been allowed against the appellants.
The contention of the appellant is that one firm could apply only one application and from M/s.Diamond Engineering two applications were submitted and they have allotted the plot to Rajesh Sharma the brother of the appellant. Hence, no deficiency has been committed.
The contention of the respondent is that he is the proprietor of M/s.Diamond Engineering and to support his contention he has submitted documents as regard to membership of association, original application form, affidavit, income tax return, documents regarding his account in HDFC Bank, sale deed by which he has purchased the property for M/s.Diamond Engineering. Hence,.the plot should have been allotted to him.
Heard the counsel for the parties and perused the impugned judgment as well as original record of the case.
There is no dispute about the fact that respondent
3
consumer Shailender Sharma and his brother Rajesh Sharma both has applied for allotment of plot under the Transport Nagar Scheme and the condition of the scheme also clearly says that for one firm only one form could be submitted. Hence, in view of the condition if the appellant has allotted the plot to Rajesh Sharma, no deficiency of service could be fastened on the appellant. If the present complainant is having any right title due to proprietor of M/s.Diamond Engineering, he can knock the door of the civil court but when out of two applicants one has been allotted the plot no deficiency has been committed by the appellants.
Hence, in view of the above, the order of the Forum below is not sustainable. The appeal is allowed and the order of the Forum below dated 13.3.2016 is set aside.
(Meena Mehta) (Nisha Gupta)
Member President
nm
