GANESHLAL Vs. SHYAM

JUDGEMENT

(1.) Heard Mr. Kishor Lambat, learned Counsel in support of this appeal. None appears for the Respondent though served.

(2.) The Appellant herein had agreed to sell a plot of land to the Respondent by virtue of an agreement entered into with him on 2nd August, 1999. Inasmuch as the Appellant failed to hand over the possession of the concerned plot of land, the Respondent filed a complaint, bearing No. 62 of 2000, before the District Consumer Redressal Forum at Wardha. The Appellant had raised the contention that the Consumer Forum had no jurisdiction to try the matter and a claim for specific performance of the agreement would lie only before the Civil Court and not before the District Consumer Redressal Forum. The District Forum, however, in its order dated 10.10.2000 took the view that no civil dispute was involved, and that it was a case of deficiency in rendering service to the Respondent. The District Forum therefore passed an order directing the Appellant to deliver the possession of the concerned plot of land.

(3.) The Appellant carried this matter in appeal to the State Commission under Section 15 of the Consumer Protection Act, 1986 (the Act, for short). The State Commission rejected the said appeal by its order dated 23.10.2000. Being aggrieved by the judgment and order passed by the State Commission, a revision was filed before the National Consumer Disputes Redressal Commission. The National Commission took the same view and dismissed the revision by the impugned order dated 14.9.2001. Being aggrieved by this judgment and order the present appeal has been filed. Though the Respondent has been served, he has not turned up to defend the cause.