State Consumer Disputes Redressal Commission
Nagar Palika,Nathdwara vs Vikram & Anr. on 6 January, 2011
BEFORE THE CONSUMER DISPUTES REDRESSAL COMMISSION(STATE COMMISSION)RAJASTHAN,JAIPUR. Appeal No.602/2006 Nagar Palika,Nathdwara Appellant V. Vikram Kishan Lal r/o Dhora Mohalla,Peepali Cabutra, Kankroli,District Rajsamand Respondents 06.01.2011 Before: Mr.Justice Ashok Parihar-President Mr.Sikander Punjabi-Member
Mr.Shashi Kumar Pareek-Member Shri D.M.Mathur,counsel for the appellant Shri Asgar Khan,counsel for the respondents BY THE STATE COMMISSION.
The appellant is aggrieved by the order dated 16.12.2005 passed by the District Forum,Rajsamand.
2. The dispute is in regard to the allotment of a plot 2 measuring 18x37 ft. The learned counsel for the appellant submitted that the appellant was not given proper opportunity of hearing and even evidence could not be produced to counter the evidence as produced by the complainant .
3. After hearing the counsel for the parties, we have carefully gone through the material on record.
4. As per ordersheet of the record of the District Forum,the complainants submitted their evidence on 28.11.05 and next date 5.12.05 was fixed for evidence of the present appellant. However since nobody had put appearance on behalf of the appellant on 5.12.05 exparte proceedings were drawn against them. Next date 16.12.05 was fixed for arguments. On the above date also nobody had put apperance on behalf of the appellant.
5. The District Forum after hearing arguments decided the complaint vide the impugned order. It was only on 31.3.06 an application was filed on behalf of the appellant for giving them an opportunity of hearing. However the same was dismissed by the District Forum vide order dated 4.4.06.
6. Be that as it may today the counsel for the appellant could not satisfy us as to why no proper representation was made on behalf of the appellant before the District Forum. Even in appeal not a single word of explanation in this regard has been submitted.
7. Since on the basis of material and evidence available on record,the District Forum has passed a just and reasonable order in favour of the complainants,we find no error or illegality in the same so as to call for any further interference.
38. Accordingly the appeal is dismissed as having no merits. The appellant may now make the compliance of the order of the District Forum,Rajsamand within 30 days from the date of receipt of certified copy of this order. The amount if any deposited before the District Forum may also be adjusted accordingly.
Member Member President A/G