VIPIN GARG Vs. UNION OF INDIA

JUDGEMENT

(1.) This complaint pertains to a family dispute. The most intricate questions involving succession and partition of a HUF property are involved. The partition suit is already pending before the Hon'ble Delhi High Court. The key question which falls for consideration is, "Whether, the complainant, Mr.Vipin Garg, is a 'consumer'?". The short facts of the above detailed complaint are these.

(2.) The complainant is a member of Hindu Undivided Family (HUF) and resides in an immoveable residential property No.23, Abul Fazal Road, Bengali Market, New Delhi. The complainant is sharing the suit property with his mother, father, Sh.Brij Bhushan Garg, OP3 and his brother, Sh.Neeraj Garg and his family.

(3.) The main grievance of the complainant is in respect of OP2, Sh.Raj Bahadur Garg, who is his paternal uncle, brother of his father. The said suit property measures about 212.5 sq.yds. It was purchased by Late Sh. Ladli Prasad, the great grand-father of the complainant and his brother, Late Sh. Har Prasad, in the name of HUF. From time to time, the members of the HUF/ shareholders/ heirs of Late Sh. Ladli Prasad and Late Sh. Har Prasad took money in consideration of relinquishment of their rights in the above said suit property and other properties. The properties were divided by way of settlement. The complainant was never a party to the above said settlement. In 1956, at Karnal, some members divided the properties of HUF firm and left the suit property for Sh.Jagdish Chander Garg, the grand-father of the complainant. However, the HUF was not dissolved.