NAGARPALIKA, JAISALMER & ANR. Vs. UPENDRA SINGH

JUDGEMENT

(1.) The present Revision Petition, under Section 21 (b) of the Consumer Protection Act, 1986 (for short "the Act") has been filed by the Petitioner against order dated 08.10.2013 of the Rajasthan State Consumer Disputes Redressal Commission, Circuit Bench, Jodhpur (for short "State Commission") in First Appeal No.156/2012 wherein the Appeal filed by the Petitioner was dismissed.

(2.) Case of the Respondents/Complainants was that the mother of the Complainants, late Smt. Omwati had applied for allotment of a 35 x 70 ft plot under the Laxmi Chand Sawal Residential Scheme which was floated by the Opposite Parties. Along with the Application Form, she submitted Rs.7,000/- as well as her widow card. In the Application Form at Serial No. 10, she had stated that she was the widow of a 'Freedom Fighter, Indian Army'. The Opposite Parties accepted the application but it was placed under General Quota and not Defence Quota. When the Complainants sought a copy of all the applications submitted under the scheme, via RTI, they found that their mother's application was not listed under the Defence Quota. They also found that under Defence Quota, there were a total of 28 plots available out of which only 25 plots were allotted and therefore the Opposite Parties could have allotted a plot under Defence Quota. Aggrieved by the actions of the Opposite Parties, the Complainants filed a Complaint before the District Forum :-

(3.) The case was contested by the Petitioner/Opposite Parties before the District Forum who stated that the Complainant had not annexed the certificate of widow of defence personnel who died in war, as required by the Application Form. They further stated that there was no quota for allotment of land to the widow of a 'freedom' fighter. It was further stated that freedom fighters do not fall in the category of defence personnel and no evidence was placed on record that Late Smt. Omwati's deceased husband was a defence personnel. On the basis of information submitted by late Smt. Omwati, her application was not placed under the defence quota.