ASHOK KUMAR AGGARWAL vs HARDWAR DEVELOPMENT AUTHORITY

THIS is an appeal against the order of the District Forum, Hardwar dated 21.9.2002, whereby the District Forum dismissed the complaint of the complainant on the ground that this is not a consumer dispute.

THE brief facts of the case are that the complainant has got a shop. It was repaired. THE respondent directed not to make the repair. It was alleged that the repair is not being done according to rules. THE opposite party has got no right to stop the repair. THE complainant submitted a map, paid the fee, but the map was not passed, inspite of payment of the fee. It was alleged to be deficiency in service. THEse disputes are not consumer dispute. This has also been held in the ruling reported in IV-1994 (1) Consumer Protection Reporter 708, Hira Lal v. THE Administrator, Municipal Council, Bhilwara. THE learned Counsel for the Development Authority also referred the ruling reported in II 2002 2 CPJ 433, Raj Kumar Dalmiya v. Kripa Shankar, wherein also the complainant applied for sanction of map for construction. Map was not sanctioned by O.P. It was held that District Forum has got no jurisdiction to pass such directions. The appeal is to be dismissed. However, it is alleged that since the complainant has submitted the map, paid the fee and the map was not passed, fee was not returned, where the complainant will go. In fact, it is a civil dispute and the complainant is always at liberty to file a civil suit in the Court of proper jurisdiction. It was argued that the civil suit may be barred by time. He may apply there for condonation of delay as permissible under the law. We have nothing to say on that, but the complaint was not entertainable in the Forum and the appeal also is devoid of any merit. ORDER The appeal is, hereby, dismissed. Cost of this appeal shall be easy. Appeal dismissed.