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J.M.MALIK, S.M.KANTIKAR
Kunj Bihari Lal (Since Deceased) – Appellant
Versus
Urban Improvement Co. – Respondent


Counsel for the Parties:
For the Petitioners:Mr. Joy Basu, Sr. Advocate with Mr. Jitender Vashisht, Advocate
For the Respondent:Mr. D.S. Chauhan & Mr. Siddharth Aggarwal, Advocates.

ORDER

J.M. Malik, Presiding Member—Counsel for the parties present. Arguments heard. While placing reliance on Hon’ble Supreme Court authority reported in the case of UT Chandigarh Administration vs. Amarjeet Singh and another II (2009) CPJ 4 (SCC) that the allottee/purchaser in auction is not a consumer within the meaning of Section 2(a)(d) of the Consumer Protection Act 1986, the complaint was dismissed.

2. Aggrieved by that order the present Revision Petition has been filed. In the said authority it was laid down:

“19. Xxxxxxx xxxxx

The auction is on “as-is-where-is basis”. With such knowledge, he participates in the auction and offers a particular bid. There is no compulsion that he should offer a particular price. When the sites auctioned are existing sites, without any assurance/representation relating to amenities, there is no question of deficiency of service or denial of service. Where the bidder has a choice and option in regard to the site and price and when there is no assurance of any facility or amenity, the question of the owner of the site




































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