Heard learned counsel for petitioner and respondent in person. Factual backgrounds are that in public auction, respondent was allotted a commercial plot, which was corner plot bearing No.24, pursuant to which he deposited Rs,24,000/- with petitioner. However, subsequently allotment of plot made to respondent was withdrawn by petitioner on premises of that already having been sold to one Mr. Gaurav Goel. Though petitioner remitted a cheque of Rs.24,000/- to respondent, aggrieved respondent brought consumer complaint with District Forum, which regard being had to the facts of case, found deficiency on part of petitioner-authority. A committee of petitioner-authority also passed a resolution to the effect that in given circumstances respondent be allotted alternate plot. District Forum, on consideration of these features while accepting claim of respondent directed petitioner to allot alternative plot to him and pay compensation of Rs.2,000/- along with cost of Rs.500/-. Appeal too preferred by petitioner did not get desired result and it is how that petitioner is in revision. Though action of petitioner-authority in allotment of plot in auction despite that having been sold to Mr. Gaurav Goel does not sound well, way back in case of Tamil Nadu Housing Board Vs. R. Sivasubramaniayam, III, (1998) CPJ 39 (NC) wherein issue of allotment of plot in public auction was involved, four Member Bench of National Commission held that complainant was not a consumer to maintain consumer complaint before Consumer Fora. That apart, in other land mark judgment, Hon’ble Apex Court in U.P. Chandigarh Administration & anr. Vs. Amarjeet Singh & Ors. II (2009) CPJ 1 (SC) has also taken a similar view and held that person securing allotment in an auction was not a consumer. In view of ratio of these decisions, complaint is not maintainable and is dismissed. However, petitioner-authority shall remit deposit made by respondent within a period of two months. It is however open to respondent to seek relief before appropriate forum.
......................JB.N.P. SINGHPRESIDING MEMBER | |
