Sher Khan vs CANTONMENT BOARD

THIS is an appeal against the order dated 9.9.1998 passed by District Forum, Almora in Case No. 17/97.

WE have heard learned Counsel for the appellant. The facts of the case in brief are : That the appellant applied for allotment of two shops, but only one shop was allotted to him and the rest of the money was refunded by means of cheque which was encashed by the appellant. The District Forum, after considering the facts, came to the conclusion that there was no agreement/contract or promise by the respondent for allotment of two shops to the appellant.

Learned Counsel for the appellant states that he was verbally told that two shops will be allotted to him. No paper is on record to show that respondent undertook to allot two shops to the appellant. Thus, no oral assurance for allotment of 2nd shop as alleged by the appellant has been taken and relied upon by the Commission. Moreover, the respondent has specifically denied having made commitment in this regard. Keeping this in view, complaint had been dismissed by District Forum. Learned District Forum has however imposed Rs. 2,500/- as cost on the appellant.

FROM the perusal of judgment we do not find justification to impose this cost. As such, this portion of the judgment of learned District Forum deserves to be set aside. The appeal is partly allowed and the cost of Rs. 2,500/- imposed against appellant is struck off and the judgment of the District Forum shall stand modified accordingly. Let the copy of this order be made available to the parties as per rule. Appeal partly allowed.