J.L. CHAUDHARY Vs. ASHOK THAKKAR

JUDGEMENT

(1.) This First Appeal has been filed by Dr. J.L. Chaudhary, Appellant herein and Original Complainant before the U.P. State Consumer Disputes Redressal Commission, Lucknow (hereinafter referred to as the State Commission) being aggrieved by the order of the State Commission which had disposed of the case by concluding that since the reliefs being claimed fall within the provisions of the Specific Relief Act, it would be appropriate for the case to be adjudicated before a competent Civil Court.

(2.) Brief FACTS:

(3.) Respondents/Opposite Parties challenged the above contentions through a written rejoinder and stated that the Appellant's complaint before the State Commission was based on a tampered, manipulated and forged agreement, particularly the first page of the document. It was contended that the flat in question was constructed as per the approved plan of the Ghaziabad Development Authority and the details were contained in the actual Agreement dated 31.05.2004 which was handed over to the Appellant/Complainant for signing which the Appellant/Complainant retained without signing it and instead sought reliefs before the State Commission on the basis of a forged and manipulated document, to which Respondents/Opposite Parties were never a signatory.