RESIDENT ENGINEER, RAJASTHAN HOUSING BOARD Vs. BABU RAM CHAUDHARY
LAWS(NCD)-2021-2-34
NCDRC
Decided on February 09,2021

RESIDENT ENGINEER, RAJASTHAN HOUSING BOARD Appellant
VERSUS
Babu Ram Chaudhary Respondents

JUDGEMENT

Anup K. Thakur,J. - (1.) This Revision Petition No.3254 of 2013 challenges the impugned order of the State Consumer Disputes Redressal Commission, Circuit Bench at Jodhpur, Rajasthan (for short, 'State Commission') dated 4.6.2013 in Appeal No. 39 of 2013 . Vide this order, the State Commission had confirmed the order of the District Consumer Disputes Redressal Forum, Jodhpur 1, Rajasthan (for short, 'District Forum') dated 25.1.2012 . In turn, the District Forum had directed as below: " So plaint of complaint is accepted and it is directed that defendant jointly or separately according to rule after receiving rest amount from complainant to be given physically possession on land No. 7-A-S-11 after issuing allotted letter within one month date of order. If defendant has allotted dispute land another then be provided same size and rate of other business land of Kudi Bhagtani Housing Scheme to complainant. Apart from it mental compensation Rs.5000/- and expense of Rs.3000/- total Rs.8000/- paid to complainant."
(2.) This matter was heard on 4.2.2021 . No one appeared on behalf of the respondent/complainant-Babu Ram Chaudhary. Advocate on record appearing for the respondent/complainant was contacted. He however informed that he had since joined government service and was no longer representing the respondent. Notably, no such information had been shared with the Commission or with the petitioner/petitioner's Counsel either by the Counsel or by the respondent/complainant. Even on the last date, 20.10.2020 no one had appeared for the respondent. It was clear therefore that the respondent/complaint was not interested in contesting this revision petition. In order not to delay the matter any further, counsel for the petitioner was heard ex-parte.
(3.) His brief submissions were that a similar matter has already been decided by the National Commission in Revision Petition Nos. 1319 and 1320 of 2013 . The said two revision petitions arose out of the same auction proceeding as is the case with the present Revision Petition No. 3254 of 2013 . Facts are similar. In the instant case, brief facts are that on 28.06.2010 , the respondent/complainant took part in an auction and offered his bid at Rs.22,111/- per sq. metre. This was the highest bid received by the petitioner/OP. The reserve rate of the land under auction was Rs.21,500/- .;


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