State Consumer Disputes Redressal Commission
Raseed Khan vs Ramjani Khan on 2 April, 2019
Daily Order M. P. STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BHOPAL PLOT NO.76, ARERA HILLS, BHOPAL FIRST APPEAL NO. 1328 OF 2017 (Arising out of order dated 22.06.2017 passed in C.C.No.23/2017 by the District Forum Datia) RASEED KHAN. ... APPELLANT. Versus RAMJANI KHAN. ... RESPONDENT. BEFORE: HON'BLE SHRI JUSTICE SHANTANU S. KEMKAR : PRESIDENT
HON'BLE DR. MRS MONIKA MALIK : MEMBER O R D E R 02.04.2019 Shri M. L. Gupta, learned counsel for the appellant. As per Shri Justice Shantanu S. Kemkar :
Feeling aggrieved by the order dated 22.06.2017 passed by the District Consumer Disputes Redressal Forum, Datia (For short the 'Forum') in C.C.No.23/2017, whereby the complaint filed by the complainant has been dismissed, the appellant/complainant has filed this appeal.
2. Having gone through the impugned order and the record we find that plot in question was registered by the respondent in favour of the appellant/complainant. As per sale-deed the possession of the plot was also handed over to the complainant. Since complainant failed to protect the possession, there was encroachment on the said plot. Seeking possession of the plot, the complainant has filed a complaint before the Forum.
3. Having regard to the fact that the possession was given to the complainant as has been recorded in the sale-deed, in our view, the order of the Forum declining to interfere in the matter with liberty to complainant to approach before the appropriate authority cannot be said to be illegal. For removal of the encroachment, if any, the appellant has to seek appropriate remedy.
4. As a result, the appeal fails and is dismissed.
(Justice Shantanu S. Kemkar) (Dr. Monika Malik) President Member