State Consumer Disputes Redressal Commission
Rekha Daughter Of Shri Sumer Chand, ... vs 1.Estate Officer, Haryana Urban ... on 24 July, 2012
STATE CONSUMER DISPUTES REDRESSAL COMMISSION, HARYANA, PANCHKULA First Appeal No.1025 of 2009 Date of Institution: 27.07.2009 Date of Decision: 24.07.2012 Rekha daughter of Shri Sumer Chand, Resident of House No.743, Sector 18, Housing Board Colony, Jagadhri, District Yamuna Nagar (Haryana. Appellant (Complainant) Versus 1. Estate Officer, Haryana Urban Development Authority, Sector-6, Panchkula (Haryana). 2. Chief Administrator, Estate Officer, Haryana Urban Development Authority, Sector-6, Panchkula (Haryana). Respondents (Ops) BEFORE: Honble Mr. Justice R.S. Madan, President. Mr. Diwan Singh Chauhan, Member. For the Appellant: None for appellant. Shri Raman Gaur, Advocate for respondents. O R D E R
Justice R.S. Madan, President:
Case called several times since morning but none put in appearance on behalf of the appellant though the case is fixed for arguments. It is already 1.00 P.M. This appeal relates to the year 2009. As per the provision of the Consumer Protection Act, 1986, the complaints as well as the appeals are to be decided within the prescribed period. Thus, the non-cooperative attitude of the appellant-complainant is against the spirit of the Consumer Protection Act. Under these circumstances we do not think it appropriate to adjourn this appeal indefinitely and therefore we proceed to decide the same after hearing the learned counsel for the respondents-opposite parties and going through the case file.
Challenge in this appeal is to the order dated 20.05.2009 passed by District Consumer Forum, Panchkula in complaint No.335/2008.
The case of the complainant before the District Forum was that by virtue of court decree passed by Civil Court Judge, Jagadhri, she had become the owner of plot No.11 situated in Sector-19, Panchkula but the opposite parties did not transfer the plot in question in her name despite repeated visits to their offices.
On the other hand, the opposite parties stated that originally the plot in question was allotted to Raj Kumar Saini-brother of the complainant vide allotment letter dated 11.06.1987 who appointed Parkash Chand Aggarwal as his lawful GPA in respect of the plot in question. Thereafter, some dispute arose between Raj Kumar Saini and Parkash Chand Aggarwal and Raj Kumar Saini filed civil suit which was lost by him upto Honble High Court. As per decision of Honble High Court, Parkash Chand Aggarwal GPA holder of Raj Kumar Saini transferred the plot in question in favour of his wife Meena Aggarwal and Estate Officeer, HUDA, transferred the plot in the name of Meena Aggarwal vide re-allotment letter dated 01.10.2008. It was stated by the opposite parties that Raj Kumar Saini had no right to transfer the plot in question in favour of his sister i.e. the complainant and the Judgment and Decree of the Civil Court in favour of Rekha is invalid and illegal. The judgment and decree decree dated 4.8.2007 passed by Civil Judge, Jagadhri is not binding upon HUDA who was not impleaded as a party to the said civil suit. It was prayed that the complaint merited dismissal.
On appraisal of the pleadings of the parties and the evidence adduced on the record, District Forum dismissed the complaint with the following observations:-
we find that complicated questions of law and facts are involved in this case and elaborate oral as well as documentary evidence is required to be recorded to decide the matter in controversy which cannot be done during the time bound proceedings before this Forum. Accordingly, we dispose of this complaint with the direction that the complainant may seek his remedy before the Civil Court, if so advised.
In order to defeat the judgment of the Honble High Court of Punjab and Haryana Raj Kumar Saini adopted a clever device of suffering a Civil Court decree in favour of his sister by transferring the same plot which he had lost in legal battle before the Honble High Court. In view of this matter, Rekha has no right in the property because her brother had no right in the said plot after having lost the battle upto the Honble High Court. This clever device adopted by brother of the present complainant Rekha, has no legs to stand in the eyes of law. This Commission has no right to comment upon the judgment of Civil Court.
In view of the above, we do not find any merit in this appeal. Hence, this appeal is dismissed.
Announced: Justice R.S. Madan 24.07.2012 President Diwan Singh Chauhan Member