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Judgment
THIS is an appeal against the order dated 17.12.2002 passed by District Forum, Tehri Garhwal, whereby the claim of the complainant for recovery of Rs. 78,000/- has been allowed along with interest.
THE brief facts of the case are that the complainant has got certain land. THE opposite party has to construct the road. THEy have to acquire the land for the construction of the road. THE complainant has to execute a sale deed in respect of that. THE sale deed has not been executed. THEre were trees of the complainant that have been cut away. THE price of the acquired land is Rs. 28,000/-. Thus the complainant lodged a claim of Rs. 78,000/-. During the course of arguments, it was revealed that the complainant has 4 brothers, three of them namely Chandramani, Jagdamba Prasad and Rajendra Prasad have executed the sale deed and got their share of sale consideration. But the complainant has not executed any sale deed, has not been paid any consideration since his land has been taken, therefore, he should get compensation for the land as well as the trees. Admittedly this is acquisition proceedings and it is also true that the Government has got no right to construct road on the land of the complainant unless requisite compensation has been paid to him. But we are sorry that this is not a consumer dispute. According to the complainant, he has to execute the sale deed and the Government has to pay compensation. This is service. If the definition of service is inflated to this extent, everything shall come within the definition of service. The complainant has not been paid any consideration. His giving of land cannot be said to be a consideration and the payment of price cannot be said to be a service. The complainant was advised entirely a wrong Forum. The complainant is neither a consumer nor this is a consumer dispute.
It is pathetic that the land of the complainant has been taken, road has been constructed on it and nothing has been paid to the complainant. The Government is a welfare State. It is not an ordinary litigant and they should have tried themselves to adjust the equity and to give justice to the complainant. If the land of the complainant has been acquired, road has been constructed on that, they should pay the compensation and should not have a dark face by contesting these litigations. But, we are sorry, the complaint does not lie before the learned Forum and the way in which the District Forum has given the judgment, is entirely incorrect. The appeal is fit to be allowed. ORDER
THE appeal is allowed. THE judgment and order dated 17.12.2002 passed by District Forum, Tehri Garhwal is, hereby, set aside. THE complaint is hereby dismissed. Cost of this appeal shall be easy. Appeal allowed.