N S NAYAK Vs. BANGALORE DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The complainant was the highest bidder in the auction for the sale of Site No.2156b, HAL III Stage, Bangalore, held on 31.7.1991. He paid the amount of Rs.1,14,000/-. Subsequently, it appears, the B. D. A. cancelled the auction and refunded the said amount to the complainant by a cheque. Hence, he has filed this complaint for a direction to the BDA to allot the said site to him or in the alternative direct the respondent to pay interest of Rs.5,647/- on the amount deposited by him till the date of payment.

(2.) The complaint is resisted by the respondent by contending inter alia that as the complainant has purchased the site is an auction sale, he will not be a consumer and therefore, this complaint cannot be entertained by this Commission. In view of the decision of the National Commission in g that as the transaction of the complainant is one of outright sale of immovable property at an auction, the complaint is not maintainable. We uphold the preliminary objections of the respondent. In this case also, the complainant had purchased the site in an auction. Hence, it is a case of outright sale of immovable property at an auction. Therefore, he will not be a hirer of services of the B. D. A. , for consideration. Hence, he will not be a Consumer within the meaning of Sec.2 (1) (d) of the Consumer Protection Act, 1986 . If that is so, this complaint cannot be entertained by this Commission.

(3.) In the result, the complaint is dismissed. Under the circumstances of the case, we direct the parties to bear their own costs.