BEFORE STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CIRCUIT BENCH, RAJASTHAN, JAIPUR


Appeal No. 1908/2006


XEn, Nagar Palika, Suratgarh & Anr vs Smt. Deepmala


15.07.2009


Before:

Mr. G.S. Hora, Presiding Member

Mr. Sikandar Punjabi


Present:

Mr. Asgar Khan, counsel for the Appellants

Mr. Paras Jain, counsel for the Respondent


This appeal has been filed against the order dated 7.9.2006 passed by the learned District Forum, Sri Ganganagar whereby the Appellants have been directed to handover the physical possession of the disputed plot to the Complainant within a period of two months besides Rs. 5,000/- as compensation and litigation expenses.


We have heard both the counsels and gone through the file.


It is an admitted position that at the time of auction, 1/4th of the amount was deposited by the Complainant and rest 3/4th amount has also been deposited with interest. The possession of the disputed plot has not been given to the Complainant on the ground that a writ petition has been filed by one Shri Rajiv Kumar in the Rajasthan High Court and the matter is still subjudice. The learned District Forum was of the view that no copy of the writ petition has been filed nor any adverse orders of the High Court is said to have been passed, therefore, chose to allow the complaint.


Having considered the arguments of both sides, we are of the view that the Complainant must be given the possession of the disputed plot as the entire amount has been deposited by her with interest. As of now, no copy of writ petition nor any order of the High Court has been produced before this Commission. We find no error in the order passed by the learned District Forum which deserves to be upheld.


Consequently, this appeal fails and the same is dismissed with cost on parties.


Member Presiding Member