WELFARE AND SERVICE ORGANISATION REGD Vs. HARYANA URBAN

JUDGEMENT

(1.) THIS complaint has been filed by the Welfare and Service Organization (Regd.) and another against the opposite party, HUDA alleging deficiency in service.

(2.) FACTS of the case are that the complainants are running institution/school for the under-privileged with focus on self-reliance for the children of Jhuggi Dwellers, women from these households. They are already running a school for the purpose in a rented accommodation. With a view to get land of their own, the complainant had been registered for getting land in April, 1980. The complainant renewed its request for allotment of land on concessional terms in 1994. They were allotted 1000 sq. yards on 7.3.1995 @ Rs. 67/- per sq. yard in Sector 10 of Housing Board Colony, Faridabad, Haryana. 25% of the demanded amount as per terms of allotment was deposited on 13.3.1995. Possession was offered on 18.12.1995 but when the parties reached this spot to take the possession, the said plot was found already occupied by the Municipal Corporation, Faridabad for the purposes of developing Public Park. In spite of this fact being within the knowledge of opposite party, yet the complainant was asked to take possession on 19.11.1996. After protracted correspondence and paying visits the complainants were allotted another plot of 1000 sq. yards @ 1,499/- in Sector 17 in lieu of allotment in Sector 10 made earlier. The complainant protested about the enhanced rate but to no avail. Payments as per terms were made under protest. Possession of the said plot was given on 23.6.1999. At that time it was noticed that the actual, measurement of the plot was 1584 sq. yards. Revised rate was communicated for the enhanced area, which was also paid under protest. Representations were made to opposite party to charge old rate and not any new rate, but made no headway. It is in these circumstances that this complaint has been filed before us seeking following a reliefs :

(3.) IT is the case of the opposite party that complainant is not a consumer on two counts - one that it has been filed by two complainants namely Welfare and Service Organisation (WASO) and WASO Public School. The complaint can be filed by one complainant and not two and secondly complainants are not consumer within its definition given in CPA, 1986. It needs to be seen that WASO is the mother/parent organisation and WASO Public School is one of its organisations engaged in imparting education. Section 2(1)(b) defines 'complainant' means a 'consumer'. Word consumer is defined in Section 2(1)(d). 'Consumer' means any person. Word 'person' is defined in Section 2(1)(m) 'person' includes,