MUNICIPAL COUNCIL JAGADHRI Vs. RAMESH CHAND GOEL

JUDGEMENT

(1.) Municipal Council, Jagadhri, has come up in appeal against the order dated 28.1.1995 passed by the learned District Forum Jagadhri, whereby the complaint of Ramesh Chand Goel attributing deficiency in service to the Municipality of Jagadhri has been allowed.

(2.) According to the complainant, Municipality, Jagadhri, had auctioned on lease certain shops in Indira Market on 16.4.1993. The complainant being the highest bidder for shop No.3-A deposited Rs.25,000/- by way of security and Rs.10,200/- as advance rent on 16.4.1993 itself. Since the Municipality did not start the construction work of the shop for quite sometime, the complainant demanded the refund of the amount deposited by him. In reply the Municipality admitted the factual position but contested the complaint by taking technical plea of limitation, that the complainant was not a consumer and that the Consumer Court had not the jurisdiction to entertain the complaint. The learned District Forum examined the matter in detail and disposed of the complaint by passing the following order : "hence, the complainant is entitled to the refund of the amount with effect from 1.10.1993. He is also entitled to the refund of the entire rent for six months as shops had not been completed by that time. The complainant is, therefore, awarded a sum of Rs.35,200/- as security and rent for six months paid by him alongwith interest at the rate of 18% per annum with effect from 1.10.1993 till the date of payment. The complainant is also awarded Rs.500/- as costs. If this order is not complied with by the opposite party within one month from today, penal action under Sec.27 of the Act shall be initiated against it. "

(3.) In the appeal before us, the learned Counsel for the appellant has vehemently contended that in fact the nature of litigation is that of landlord and tenant as the shop was to be given on lease and that the amount claimed by the complainant could not be refunded without settling the rent for the period. On the other hand, the learned Counsel for the complainant has vigorously pleaded that the complainant was entitled to refund of the entire amount.