NCDRC

NCDRC

RP/2222/2005

ASHIQUE ALI - Complainant(s)

Versus

KANPUR DEVELOPMENT AUTHORITY - Opp.Party(s)

S.K.SHARMA

20 Oct 2009

ORDER

Date of Filing: 18 Aug 2005

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIREVISION PETITION NO. No. RP/2222/2005
(Against the Order dated 18/05/2005 in Appeal No. A/2590/SC/2002 of the State Commission Uttar Pradesh)
1. ASHIQUE ALIR/O 96/10, MALL VIEW PARADE KANPUR NAGAR KANPUR 208001 ...........Appellant(s)

Vs.
1. KANPUR DEVELOPMENT AUTHORITYMOTIJHEEL KANPUR NAGAR KANPUR ...........Respondent(s)

BEFORE:
HON'BLE MR. JUSTICE ASHOK BHAN ,PRESIDENTHON'BLE MR. B.K. TAIMNI ,MEMBER
For the Appellant :S.K.SHARMA
For the Respondent :NEMO

Dated : 20 Oct 2009
ORDER

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Petitioner had purchased the plot in auction. Hon’ble Supreme Court in “U.T. Chandigarh Administration and Anr. Vs. Amarjeet Singh and Ors. [AIR 2009 SC 1607]” has held that auction purchaser is not a ‘Consumer’. 
 
        In view of the aforesaid Judgement, the complaint filed by the complainant is not maintainable. Dismissed. 


 
 
 

         However, the petitioner, if advised, may approach Civil Court alongwith an application under section 14 of the Limitation Act, 1963 seeking condonation of delay in filing the suit in view of the observations made by the Hon’ble Supreme Court in the case of “Laxmi Engineering Works Vs. P.S.G. Industrial Institute {(1995) 3 SCC 583}”



......................JASHOK BHANPRESIDENT
......................B.K. TAIMNIMEMBER