Amar Singh vs GURGAON IMPROVEMENT TRUST

THIS order shall dispose of three Appeal Nos. 311 to 313 of 1995 as the common question of facts are involved in all the three appeals. The complainants have come up in appeal against the order dated 8th of June, 1995 passed by the learned District Forum, Gurgaon, by which it has been held that the complaint was not maintainable as it was a fit case to be decided by the Civil Court. The short grievance of the complainant-appellants is, that under some scheme of the Haryana State Government certain shops were to be allotted in the year 1991 to members belonging to Scheduled Caste/ Weaker Section of the Society. According to the complainant, though according to the scheme payment was to be made in quarterly instalments, yet later on the scheme was abandoned.

FROM the perusal of record, we find that a sum of Rs. 15,000/- was paid by each of the complainant in the office of the Improvement Trust but the Improvement Trust does not own responsibility. There are no proper receipts, account books or other record with the Improvement Trust from where it could be verified as to whether the amount has been utilised towards the payment of instalments or the officer concerned who received the amount had embezzled the same. In fact a criminal case has already been registered against the Chairman of the Improvement Trust for the embezzlement of the amount. In view of this position, no relief can be granted to the complainants-appellants under the Consumer Protection Act. They may, if so advised, approach the Civil Court for the refund of the amount deposited with the Improvement Trust. All the three appeals are accordingly disposed of with no order as to costs. Appeals dismissed without costs.