P K BHANDARI Vs. AVAS YUKT AND ORS

JUDGEMENT

(1.) PRESENT revision petition has been filed by the petitioner under Section 21 (b) of Consumer Protection Act, 1986 (for short 'Act') challenging order dated 23.3.2011, passed by State Consumer Disputes Redressal Commission, Lucknow (for short 'State Commission')

(2.) BRIEF facts are that petitioner/complainant was allottee of house no.B -1098 Indira Nagar, Lucknow. He secured the allotment of the said house in lottery draw held by respondent no.1/O.P. No.1. He got the possession of the house in due course of time. However, before the sale deed could be executed, respondent no.1 served him with a notice for cancellation on the ground that the residential house in his occupation was being used for a commercial purpose. A school was functional in the aforesaid house and one Smt. Manjula Chaturvedi was the proprietor cum principal of the said school. Respondent no.1 cancelled the allotment of the petitioner. Petitioner being aggrieived of the cancellation order kept on persuading with the authorities to withdraw the cancellation order but it was not withdrawn. Hence, petitioner filed the complaint.

(3.) RESPONDENT no.1 contested the complaint and filed its written statement stating that the petitioner does not come under the ambit of the 'Consumer'. As such complaint is not maintainable under the Act and also the claim is barred by time.