RAKESH GUPTA Vs. HARYANA URBAN DEVELOPMENT AUTHORITY HARYANA

JUDGEMENT

(1.) In this revision petition there is challenge to order dated 2.11.2010, passsed by State Consumer Disputes Redressal Commission, Panchkula (short 'State Commission').

(2.) The facts as emerges from record are that petitioner/complainant had earlier also filed a complaint before the District Consumer Disputes Redressal Forum, Gurgaon (short 'District Forum') which was decided on 16.5.2003, in which the matter in issue was the same which are the subject matter of the present case. In the earlier complaint, petitioner has challenged the charging of extension fee. The District Forum, allowed refund of Rs.5,000/- only alongwith interest from the date of deposit. In the second complaint filed by the petitioner, the District Forum has observed that petitioner is estopped from filing the second complaint on the same subject matter between the parties. It also observed that petitioner himself has delayed the payment of extension fee and now he cannot take benefit of his own wrong.

(3.) In its previous order, the District Forum has held that petitioner is a transferee and it was the liability of the transferor to pay the extension fee as well as the outstanding dues before the transfer of the plot in the name of the petitioner. The petitioner being a transferee has no right to challenge the dues, charges demanded by the respondent from the transferor and accordingly, second complaint filed before the District Forum was dismissed, vide its order dated 5.7.2006.