LAWS(NCD)-2003-7-9

B K PRABHA Vs. SECRETARY KENDRIYA UPADYARASANGA

Decided On July 09, 2003
B.K. PRABHA Appellant
V/S
SECRETARY, KENDRIYA UPADYARASANGA Respondents

JUDGEMENT

(1.) This Revision Petition arises out of an order passed by the State Commission dismissing the appeal filed against the order of the District Forum where the complaint filed by the petitioner had been dismissed on grounds of maintainability and by holding that petitioner was not a consumer.

(2.) Brief facts of the case are that the petitioner/complainant had deposited certain amounts with the respondent Society - where he was a member - for allotment of residential plot. Since the plot was not allotted, thus alleging deficiency on the part of the respondent a complaint came to be filed by the petitioner before the District Forum, who after hearing the parties and relying upon the judgments of Hon'ble Supreme Court and this Commission dismissed the complaint and held that the petitioner is not a consumer. An appeal filed before the State Commission met the same fate hence the revision petition.

(3.) We heard the arguments advanced by the learned Counsel for the petitioner who only pleaded for a wider interpretation of the word 'Consumer' as expounded in Lucknow Development Authority v. M.K. Gupta, III (1993) CPJ 7 (SC)=(1994) 1 SCC 243, by the Hon'ble Supreme Court.