KISHNIDEVI Vs. DEPUTY COMMISSIONER FACTORIES M C D

JUDGEMENT

(1.) This is an appeal against the order No. D-14/2989 dated 14.2.89 passed by the District Forum whereby the Forum dismissed the complaint of the applicant seeking refund of a sum of Rs.3,981/- deposited by the appellant for procuring Municipal Trade Licence.

(2.) The appellant was granted ad hoc Municipal Trade Licence No.999 in 1969 for running Electroplating work with 7.5 HP Electric Machine in village Pipal Thala. It transpires from the record that the appellant did not get the said licence renewed subsequently. However, the appellant was allotted the new premises at factory No.8-8/4, Badli Industrial Area Phase No. I as an alternative site in Industrial area from the non-confirming area of old premises at village Pipal Thala.

(3.) For renewing the old Licence from 1.4.69 to 31.3.88 the Municipal Corporation of Delhi charged Rs.3,981/- to enable it to issue new licence for the new alternative site to entitle the appellant to run her factory. The appellant deposited the said amount of Rs.3,981/- for procurring the new licence on the basis of the old licence. The new Licence was issued as continuation of the old licence and to keep the old licence alive arrears of licence fee with penalty had to be paid. Having obtained the new licence on payment of arrears of licence fee with penalty the appellant cannot contend that the said amount of Rs.3,981/- had been illegally obtained from her.