COMMISSIONER MUNICIPAL CORPORATION Vs. RAKESH JOHARI

JUDGEMENT

(1.) This order shall also dispose off appeal No.175 of 1992. This is an appeal preferred by the Commissioner, Municipal Corporation, Rewa against the majority judgment of District Forum, Rewa. The learned President of the Forum has dismissed the complaint but the two learned Members have awarded compensation of Rs.2,400/- plus expenses.

(2.) The complaint is as regards some actions taken by the Commissioner, Municipal Corporation, Rewa in the purported exercise of powers under M. P. Municipal Corporations Act, 1956. The complaint is as regards compelling the complainant to pay the development fees. Both the parties have filed the appeals against the decision.

(3.) On perusal of record the question which stares us in our face is whether the complaint was cognizable by a District Forum under the Consumer Protection Act, 1986 . The complainants have impleaded three non-applicants, number (1) Commissioner, Municipal Corporation, Rewa, number (2) Chief Executive Officer, Rewa, Town Improvement Trust and number (3) State of Madhya Pradesh through Collector Rewa. The allegations are that the complainants purchased a plot From one Dilip Kumar. This plot was developed by Town Improvement Trust, Rewa. The Town Improvement Trust had charged Rs.36,000/- for development of the plot. The complainants applied for permission of Municipal Corporation Rewa for constructing a building on the plot. The application was made on 18.3.91 and according to the complainants till 14.9.91 nothing was done in the matter. On 14.9.91 a notice was received by the complainants alleging that the construction which was being put up by them was illegal. The complainants filed a reply.