NAC's appeal
dismissed
Tribune
News Service
CHANDIGARH, June 26
The UT Consumer Disputes Redressal Commission,
comprising its President, Mr J.B. Garg, and members Col
P.K. Vasudeva and Ms Devinderjit Dhatt, have dismissed an
appeal filed by the Notified Area Committee (NAC), Mani
Majra, with further costs of Rs 1,000.
Earlier, on a complaint
filed by Dr S.S. Dadhwal and his wife Dr (Ms) Veena
dadhwal of Sector 15, the District Forum had held that
the NAC was entitled to forfeit only 10 per cent out of
25 per cent of bid money on account of surrender of
shop-cum-flat.
The complainants had
alleged before the forum that they had purchased a
shop-cum-flat in an auction held by the NAC on March 27,
1988. However, due to lack of funds, the premises were
surrendered, whereupon the NAC forfeited Rs 45,000 as 10
per cent of the total price.
The forum had relied
upon the clause of the allotment letter which provided
that "the surrender would be subject to forfeiture
of 10 per cent of the amount out of the 25 per cent of
the cost paid at the fall of the hammer".
The NAC contended that
the clause had been amended by a resolution dated August
27, 1991, making the surrender subject to forfeiture of
10 per cent of total bid money. The commission held that
this amendment would not apply to auction held in 1988
and could only be applied to auctions held after August
27, 1991. It accordingly dismissed the appeal filed by
the NAC and upheld the order of the District Forum.
'Release
gas connection'
The District Consumer
Disputes Redressal Forum-II has directed M/S Happy Gas
centre, Sector 35-C, to release the gas connection of a
complainant without forcing him to purchase hot plate
from them. It ordered payment of costs of Rs 3,500 as
compensation.
In his complaint, Mr
Surinder Kumar had alleged that the gas agency was
forcing him to buy a hot plate as a condition to the
release of the gas connection. He told the agency that he
had an ISI mark hot plate and deposited Rs 100 for
inspection of the same. The connection of the gas was not
released to him till the time he filed the complaint. The
notice was sent to the gas agency concerned but since no
one appeared on its behalf, the case was proceeded
ex-parte.
After going through the
records, the forum bench, comprising its President, Mr
R.P. Bajaj, and Mr H.S Walia accepted the contention of
the complainant and held the gas agency guilty of gross
deficiency in service for not releasing the connection.
It observed that insistence to purchase a hot plate from
them is an unfair trade practice, which was rife among
gas dealers of the city.
It also held IOC
officials guilty of their failure to exercise proper
control and supervision over them in their capacity as
regional incharge of gas dealers.
While allowing the
complaint, they directed the gas agency to pay Rs 3,500
as costs, including compensation for harassment.
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