OMRANI T GROVER Vs. ESTATE OFFICER

JUDGEMENT

(1.) BEING aggrieved by the judgment of dismissal of complaint passed in complaint No. 43/2004 on 20/03/2007 by Additional District Consumer Forum Thane, org. complainant has filed this appeal taking strong exception to the dismissal order passed by the said Forum.

(2.) THE facts to the extent material may be stated as under: -

(3.) O .P./C1DCO filed written statement and pleaded that complaint is not tenable since it was pertaining to shop premises. CIDCO also pleaded that they had told that as per the terms and conditions of allotment order that allottee shall not be entitled to use the said shop for running a hotel or for grocery shop or for any business hazardous to the public at large and contrary to this term, the complainant had sold the shop to Shri B.S. Shetty for opening a restaurant. CIDCO admitted that it was required to refund the amount of transfer fee to the complainant, but they had to recover from the complainant various amount under various heads totaling to Its. 89.590.30 and therefore, it was not liable to refund the said amount to the complainant though her prayer for transfer of shop in favour of Mr. B.S. Shetty was turned down