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Maloji rao ghodkar (civil side )     11 May 2024

Consumer protection act, 2029

One individual A has obtained conversion of his piece of plot into non-agricultural use by paying the stipulated fee  prescribed under the  statute from the competent authority and subsequently sold the piece of plot to another B and executed sale deed.  B found that the orders issued by the competent authority for conversion from agricultural to non-agricultural use, the name of the village wherein the land is situated was wrongly mentioned.  The purchaser B has been making requests to the competent authority to correct the name of the village in the conversion orders, but not done so far. Now the purchaser B proposes to approach the Consumer Commission with a complaint that the competent authority who has neglected to correct the mistake in the conversion orders has committed deficiency of service having collected the fee while issuing the conversion orders.  Can the purchaser B approach the Consumer Commission? or the seller alone is entitled to approach the Commission under the CP Act, 2019.  I feel the purchaser B can approach the Consumer Commission.  I seek for comments from the learned brothers.

M.R. Ghodkar,

Advocate



Learning

 3 Replies

P. Venu (Advocate)     11 May 2024

Consumer Forum has no jurisdiction in the given facts. You need to approach the higher authorities or take up the issue in the High Court through Writ Petition.

T. Kalaiselvan, Advocate (Advocate)     12 May 2024

A suit for mandatory injunction impleading the authorities concerned to rectify the error after issuing a legal notice would a remedial step in this connection.

Dr. J C Vashista (Advocate )     12 May 2024

Well analysed, opined and advised by experts, I concur.

The case do not fall under the jurisdiction of Consumer Protection Act, 2019, you will have to move to civil court through a local prudent lawyer, as advised. 


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