RAGHUBIR SINGH RANA Vs. DELHI AGRICULTURAL MARKETING BOARD
LAWS(DELCDRC)-2009-3-9
DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on March 09,2009

Raghubir Singh Rana Appellant
VERSUS
DELHI AGRICULTURAL MARKETING BOARD Respondents

JUDGEMENT

J.D.KAPOOR,PRESIDENT (ORAL) - (1.)THE grievance of the appellant who had applied for allotment of built -up shops meant for wholesalers in Ch. Chet Ram Wholesale Vegetable Market, Keshopur, New Delhi pursuant to an advertisement issued by the respondent is that he was not informed about the change in the policy for inviting the fresh applications for allotting shops to agriculturists as defined under the Delhi Agricultural Produce Marketing (Regulations) Act, 1998 and therefore rejection of his application was deficiency in service on the part of the respondent.
(2.)VIDE impugned order dated 17.12.2008 passed by the District Forum, the complaint of the appellant seeking allotment of the shops was dismissed on the ground that he does not come within the definition of consumer as he has neither purchased any goods from respondent Marketing Board nor has hired any services of the respondent which is a statutory body.
(3.)ADMITTEDLY the Marketing Board published advertisement in 'Nav Bharat Times' for the allotment of built -up shops meant for wholesalers in Ch. Chet Ram Wholesale Vegetable Market, Keshopur, New Delhi to different categories of actual farmers of Delhi. In pursuance of this advertisement, appellant submitted application No. 23 and also deposited requisite fee of Rs. 5,000. The name of the appellant, therefore, was included in the list of draw after short listing of the applications. Subsequent thereto he received letter dated 22.11.2007 on 7.1.2008 whereby appellant was informed that his application has been rejected. In this letter no reason was assigned for rejection of his application and he was advised to collect the earnest money of Rs. 5,000 from Agricultural Marketing Board and therefore he approached the Forum with the present complaint alleging unfair trade practice on the part of respondent, as well as deficiency in service on their part assuming himself to be a consumer under the Consumer Protection Act, 1986.
However, the Delhi Agricultural Produce Marketing (Regulation) Act, 1998 has been introduced for better regulation of marketing of agricultural produce as established in the preamble which is as under - "An Act to provide for the better regulation of marketing of agricultural produce and the establishment of markets for agricultural produce in the National Capital Territory of Delhi and for matters connected therewith or incidental thereto."



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