NIDHI MALHOTRA Vs. KARNAL IMPROVEMENT TRUST, KARNAL

JUDGEMENT

(1.) THIS appeal is preferred against the order dated 28.4.2003 passed by the District Consumer Disputes Redressal Forum, Karnal in complaint No. 459 of 2000 filed by the appellant -complainant against the respondent -opposite parties has been dismissed.

(2.) IT is admitted case between the parties that appellant -complainant had purchased a booth site bearing No. 205 in Extension of Subzi Mandi, Karnal under Scheme No. 67 from the respondent -opposite parties in an 'Open Auction' held on 29.12.1999 vide confirmation letter dated 10.4.2000 being the highest bidder. The grievance of the complainant is that the opposite parties have not removed the live electric wires passing over the booth site despite repeated requests and also illegally demanded Rs. 73,750 vide letter dated 7.6.2000 as second instalment in respect of the booth site in question. Thus, alleging it a case of deficiency of service and unfair trade practice, the appellant -complainant has invoked the jurisdiction of the District Forum by filing the present complaint.

(3.) UPON notice, the opposite parties appeared and contested the complaint. In the written statement the opposite parties denied any kind of deficiency of service on the ground that the booth site in question was purchased by the complainant in an 'Open Auction' therefore, her case could not be termed as 'Consumer Dispute' and prayed dismissal of the complaint.