SATYA NARAIN KHANDELWAL Vs. NAGAR PALIKA, DAUSA

JUDGEMENT

(1.) THIS appeal arises out of order dated 23.11.2001 passed by the District Consumer Forum (DCF), Dausa whereby the complaint was dismissed on the ground that the learned DCF had no jurisdiction to decide the matter and therefore directed to return the complaint with the advice to the Complainant to seek remedy in the competent Civil Court.

(2.) THIS is a matter where a plot was auctioned in favour of the Complainant. The version of the Non -applicant is that the file was sent to the District Collector for approval of the bid but no approval was received from the District Collector and under these circumstances, it was not possible either to give possession of the plot or to issue a Patta thereof.

(3.) THE learned DCF was of the view that the land in question was publicly auctioned by the TNI agar Palika and therefore relying upon the judgment of this Commission in Appeal No. 2267/1994, Nagar Palika V/s. Gokul Chand, the complaint was dismissed on the ground that such matters are not covered under the Consumer Protection (CP) Act, 1986.