DINESH UPADHYAY Vs. NIRANJAN SINGH

JUDGEMENT

(1.) The present revision petition has been filed against the judgment dated 09.09.2015 of the Rajasthan State Consumer Disputes Redressal Commission, Jaipur ('the State Commission') in First Appeal no. 85 of 2012.

(2.) The brief facts of the case as per the petitioner/complainant are that the petitioner was a retired 60 year old person. The petitioner contacted the respondent/opposite party and gave Rs.20,000.00 and other documents for making Patta of his registered house. The respondent orally promised to get the work done. But the respondent failed to do the patta work. On demanding return of the money, Rs.8500.00 was returned back but the balance amount of Rs.11,500.00 was not returned. Petitioner's son Amresh recorded the abusive language and admission of the respondent advocate for not returning back the amount on his mobile. Hence, the petitioner filed a complaint before the District Forum for making the patta or otherwise for return of the amount of Rs.11,500.00 along with compensation.

(3.) The respondent filed their reply against the complaint before the District Forum and stated that the respondent had never received any money or documents from the petitioner. Further the, petitioner had not stated in the complaint that when the cause of action arose. The complaint of the petitioner was filed beyond limitation. Petitioner's son Amresh Upadhyay had filed an identical complaint with an affidavit in the Bar Council of Rajasthan on 06.05.2008. The said complaint was dismissed after hearing on 10.05.2008. Hence, the complaint of the petitioner should also be dismissed.