URBAN IMPROVEMENT TRUST Vs. SUNDER LAL

JUDGEMENT

(1.) This review petition under Sec. 19 the Consumer Protection Act, 1986 (in short, the 'Act') is directed against the order dtd. 23/8/2017 of the Rajasthan State Consumer Disputes Redressal Commission, Circuit Bench, Bikaner (in short, the 'State Commission') in Appeal no. 08 of 2017 dismissing the appeal against order of the District Consumer Disputes Redressal Forum, Bikaner (in short, 'District Forum') in Complaint No. 148/2010 dtd. 24/4/2014.

(2.) We have heard the learned counsel for the petitioner and perused the records. Respondent remained unrepresented despite notice and was placed ex parte. The delay of 08 days in the filing of the appeal was considered in light of the application seeking condonation of the delay and for the reasons stated therein, the delay was condoned in the interest of justice.

(3.) The relevant facts of the case, in brief, are that respondent was allotted a residential plot (No. II-F-305) in petitioner's residential plots scheme 'Murlidhar Vyas Expansion Scheme' on 3/4/1986 admeasuring 15 x 30 ft. (450 sq ft) and handed over possession. On 14/8/2007 an alternate Plot (No. VII-384) of same dimensions was allotted in view of the previous plot having been encroached by squatters. Vide letter dtd. 6/10/2008 petitioner was asked to complete formalities which he failed to do and hence the plot could not be allotted. Complaint No. 148 of 2010 was filed before the District Forum by the respondent seeking allotment of this plot within 7 days failing which with compensation @ Rs.5,000.00 per month. The complaint was allowed on the ground that the petitioner was a 'consumer'. Thereafter, on 7/10/2014, petitioner requested for reallotment of a plot in Ashok Nagar Residential Scheme and was allotted Plot No. F-20. However, no sale deed was executed. However, he filed a contempt petition on 7/4/2015 against the petitioners which was dismissed by the State Commission, Jaipur on grounds of delay of 287 days. A review (RP 1722 of 2015) was filed before the National Commission on 6/7/2015 which was dismissed in limine. Against order of the District Forum upholding contempt, petitioners approached the Supreme Court in SLP which was dismissed in limine on 27/11/2015 on grounds of delay. Petitioners approached State Commission against District Commission's order dtd. 30/9/2015 in Appeal no. 08/2017 which came to be dismissed vide the impugned order.