JAYANAND Vs. U P AVAS VIKAS PARISHAD

JUDGEMENT

(1.) This is an original complaint for compensation of a sum of Rs.9,63,000/- (Rupees Nine lacs sixty three thousand only ).

(2.) The brief facts of the case are that the complainants Sh. Jayanand, Sh. Tikka Ram and Sh. Khemraj, all real brothers have jointly purchased a plot on 27.1.1994 on instalment. They were given the possession on 13.3.1995. They deposited the entire price by 17.10.1997. On 22.5.1995 the map was also sanctioned. It was the duty of the opposite party to provide civil amenities, namely electricity, water, sewer, road. Several applications were given but the opposite party did not provide the amenities. The complainants had to spend Rs.15,000/- (Rupees Fifteen thousand only) for water by getting it through tankers at the time of construction. The shops have been constructed but are not being taken on rent for want of these amenities. Therefore, the complainants have suffered a loss of Rs.6,00,000/- (Rupees Six lacs only) besides the complainants claimed a sum of Rs.1,00,000/- (Rupes One lac only) for non-giving of 9 metres wide road. They have claimed a sum of Rs.13,000/- (Rupees Thirteen thousand only) for taking water connection from a distance of 200 feet. They have suffered a loss of Rs.2,00,000/- (Rupees Two lacs only) as given in Para 6 of the complaint.

(3.) The opposite party contested the complaint and inter-alia alleged that this Commission has got no jurisdiction to give any relief to the complainants because this was an out right purchase at an auction sale which does not come within the purview of the Consumer Protection Act.