PREMWATI GARG Vs. BRIJ NANDAN LAL JAIN
DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION
BRIJ NANDAN LAL JAIN
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J.D.KAPOOR, J -
(1.) IN the year 1963 the complainant booked a plot in Dayal Bagh, District Faridabad with O.P. 1 @
25 per sq. yd. The cost was payable in instalments on the basis of the development work i.e., completion of roads, completion of sewer lines,
completion of water lines etc. Inspite of having paid the total cost of
the plot the O.P. failed to carry out development work and did some
superficial work to convince the purchasers. Subsequently the development
was taken over by Faridabad Complex Administration by charging Rs. 180
per sq. yd. from the plot holders.
(2.) ON account of deficiency in service on the part of the O.P., the complainant has through this complaint sought direction to the O.P.
to execute the sale deed of the plot in favour of O.P. 2 or in the
alternative award damages amounting to Rs. 6,46,500 and Rs. 50,000 for
mental harassment and agony. The amount of compensation of Rs. 6,46,500
has been assessed on the clandestine sale of the similar plots by the
O.P. at this price.
(3.) AT the first instance O.Ps. have taken the objection that it was the association of the plot holders that had entered into transaction
with them and not the complainant individually and, therefore, he is not
the consumer qua the O.Ps. and since the complainant did not make the
payment of the development charges fixed by the O.Ps. at Rs. 15 per sq.
yd., the plot was not allotted to the complainant.
This objection does not hold water as the complainant was the sole beneficiary though the matter was being taken up on his behalf by
the Association. Any person who is a beneficiary of service comes within
the meaning of ˜Consumer as defined by Section 2(1)(o) of the Consumer
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