RAJASTHAN MEDICAL STORE Vs. VIJAY KUMAR DAYA

JUDGEMENT

(1.) By this appeal under Sec.15 of the Consumer Protection Act, 1986 ("the Act" herein), the complainant questions the legality and correctness of the order dt: 5.4.90 passed by the District Forum, Jaipur in Complaint Case No.362/89. Succintly put, facts leading to this appeal are these:

(2.) The complainant applied for the allotment of house to opposite party under 1979 Registration Scheme. He deposited Rs.3,000/- and got himself registered. His registration No. is HB/1389/jaipur/mi/79, priority allotted to the complainant was 1087. According to the conditions of registration for allotment of house the complainant was required to deposit Rs.5,600/- in two instalment. Each instalment being of Rs.2,800/-. One Shri Dwarka Prasad Bhala also got himself registered and his priority No. was 1608. He was also to deposit Rs.5,600/- as seed money. The complainant has alleged that letter dt: 4.5.87 was issued to the said Shri Bhala in which code number mentioned is p-1608/gi/hp/ma/79 and the registration number mentioned is 19933/miga. Opposite party NO.1 sent a letter dt: 4.8.87 to the said Shri Bhala demanding Rs.5,600/- as seed money, whereas letter dt.9.6.89 was issued to the complainant demanding Rs.16,400/-as seed money. The complainant appellant filed a complaint dt: 31.7.89 under Sec.12 of the Act before the District Forum, Jaipur praying that opposite party-respondent No.1 may be directed to issue an amended letter to the complainant for Rs.5,600/- as seed money. The complainant filed Photostat copies of the letters dt:9.6.89, 4.5.87 and a representation made by him in this regard on 17.6.89. The opposite party-respondent No.1 filed the version of the case on 17.10.89. It raised certain preliminary objections with regard to the maintainability of the complaint. Facts stated by the complainant were admitted. It was further stated that formerly seed money in two instalments of Rs.2,800/- each was to be deposited but subsequently a decision was taken on 28.2.88 that in respect of the persons who were registered as MIGA seed money should be payable in three instalments: first instalment Rs.6,000/- second instalment Rs.6,000/- and third instalment Rs.4,400/- and in accordance With that letter under challenge was issued to the complainant. The complainant filed his affidavit dt: 2.3.90. On behalf of opposite party-respondent affidavit of Shri Sukhdev Sharma in support of the version of the case was also filed. Photostat copies of the orders dt: 28.2.88 contained in PARISHISHT 24was filed. Parties did not produce an evidence besides the evidence referred to above. The District Forum heard the arguments on 24.3.90 and dismissed the complaint. It will be pertinent to quote the following from the impugned order: subsid MANI MAKAN KI KIMAT MAI ADJUST HOTA HAI, TO PARIWADI KO KOI NUKSAN NAHI HO RAHA HAI, PARIWAD MAI KOI SAR NAHIN PATE HAI.

(3.) Hence this appeal against the dismissal of the complaint.