URBAN IMPROVEMENT TRUST Vs. VIJAY LAXMI

JUDGEMENT

(1.) THIS revision petition has been filed by the petitioner/OP against the impugned order dated 4.9.2012 passed by the Rajasthan State Consumer Disputes Redressal Commission, Jaipur (in short, 'the State Commission ') in Appeal No. 1066 of 2012 - Urban Improvement Trust, Bikaner Vs. Smt. Vijay Laxmi by which, while dismissing appeal, order passed by learned District Forum was upheld.

(2.) BRIEF facts of the case are that complainant/respondent applied for purchase/allotment of plot in the scheme launched by OP/petitioner and deposited a sum of Rs.30,000/ - on 24.5.2008. On 30.6.2008, complainant applied for cancellation of her application and requested not to include her name in lottery and further requested for refund of deposited amount. Even then, OP included complainant 's name in the lottery drawn on 2.7.2008 and complainant was allotted plot and OP issued notice for balance amount of the plot. Alleging deficiency on the part of OP, complainant filed complaint. OP did not appear before the District Forum and learned District Forum while allowing complaint, directed OP to refund Rs.30,000/ - deposited by the complainant and further ordered that in case the amount is not refunded within one month, OP will pay 9% p.a. interest from the date of judgment. Appeal filed by the petitioner was dismissed by the learned State Commission on the ground of delay of 498 days as well as on merits against which, this revision petition has been filed.

(3.) LEARNED Counsel for the petitioner submitted that learned State Commission has committed error in dismissing appeal on merits also while dismissing it on the ground of delay; hence, petition be admitted.