NCDRC

NCDRC

RP/2263/2008

RUKMINI VISHWANATH SHENDGE - Complainant(s)

Versus

SHRINIWAS TULJARAM BURUDKAR & ORS - Opp.Party(s)

RAM SINGH

25 Jun 2008

ORDER

Date of Filing: 23 May 2008

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHI.Revision Petition(RP) No. RP/08/2263
(Against the Order dated 23/01/2008 in Appeal No. 1403/2007 of the State Commission Maharastra)
1. RUKMINI VISHWANATH SHENDGE Residing at 1608/5/8, Shriniwas Apartment, Shobha Nagar, SatrastaSolapurMaharashtra ...........Appellant(s)

Vs.
1. SHRINIWAS TULJARAM BURUDKAR & ORS Residing at 50, Mashalnagar, Vijapur Road, Near Nehru NagarSolapurMaharashtra2. Tuljaram Baburrao BurudkarResiding at 50, Mashalnagar Vijapur Road, Near Nehru NagarSolapurMaharashtra ...........Respondent(s)

BEFORE:
HONORABLE MR. ANUPAM DASGUPTA ,PRESIDING MEMBERHONORABLE MR. S.K. NAIK ,MEMBER
For the Appellant :RAM SINGH
For the Respondent :

Dated : 25 Jun 2008
ORDER

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           Heard the learned Counsel for the petitioner.

 

            It is quite clear that the petitioner herein obtained possession of a two-room apartment sometime in 2000 from the respondent – builder and was required to carry out some additional/ rectification works thereafter. It is the admitted position that a proper sale-deed was executed by the respondent – builder in favour of the petitioner in August 2005.  Thereafter, the petitioner sold the flat in question to another person sometime in early 2006.

 

            However, the complaint before the District Forum was filed by the petitioner/ complainant in January 2007. Thus at the time of the petitioner/ complainant filing of the complaint under the relevant provisions of the Consumer Protection Act, 1986, she was not the owner of the flat in question and, therefore, any grievance that the petitioner might have had in respect of the payment allegedly made in excess for acquiring this property would not fall within the purview of a Consumer Forum under the said Act.

 

            The State Commission has appreciated the facts of the matter in detail and recorded a well-reasoned order.  We do not find any illegality, material irregularity or jurisdictional error which calls for any interference by this Commission. Accordingly, the revision petition is dismissed.

 



......................ANUPAM DASGUPTAPRESIDING MEMBER
......................S.K. NAIKMEMBER