Haryana Urban Development Authority Vs. Dr. Jai Bhagwan and Anr.
EmailAppeal: Civil Appeal No. 7562 of 2002
(From the Judgment and Order dated 16.10.2001 of the National Consumer Disputes Redressal Commission, New Delhi in R.P.No. 890 of 2001)
(From the Judgment and Order dated 16.10.2001 of the National Consumer Disputes Redressal Commission, New Delhi in R.P.No. 890 of 2001)
Petitioner: Haryana Urban Development Authority
Respondent: Dr. Jai Bhagwan and Anr.
Apeal: Civil Appeal No. 7562 of 2002
(From the Judgment and Order dated 16.10.2001 of the National Consumer Disputes Redressal Commission, New Delhi in R.P.No. 890 of 2001)
(From the Judgment and Order dated 16.10.2001 of the National Consumer Disputes Redressal Commission, New Delhi in R.P.No. 890 of 2001)
Judges: S.N. VARIAVA & B.P. SINGH, JJ.
Date of Judgment: Sep 27, 2004
Appearances:
Mr. J.P. Dhanda, Ms. Raj Rani Dhanda and Mr. Vineet Dhanda, Advocates for the Appellant.
Ms. Kamakshi S. Mehlwal, Advocate (NP) for the Respondents.
Ms. Kamakshi S. Mehlwal, Advocate (NP) for the Respondents.
Head Note:
CONSUMER PROTECTION
Deficiency in service – Disputes between Housing authority and allottee – District Forum passing an order directing the Authority to give possession of the plot at old rate – Such order upheld by the State Commission as well as National Commission – Orders not having been complied with by the authorities, respondents filing execution application – District Forum again directing compliance and also awarding 15 per cent interest – State Commission as well as National Commission dismissing the appeals – Validity. Held though the National Commission had passed a one paragraph order mechanically and without application of mind and had not realized that the revision was against the orders passed in execution proceedings, still in view of the correctness of the orders passed by the District Forum and State Commission, no interference was called for. (Para 7)
Deficiency in service – Disputes between Housing authority and allottee – District Forum passing an order directing the Authority to give possession of the plot at old rate – Such order upheld by the State Commission as well as National Commission – Orders not having been complied with by the authorities, respondents filing execution application – District Forum again directing compliance and also awarding 15 per cent interest – State Commission as well as National Commission dismissing the appeals – Validity. Held though the National Commission had passed a one paragraph order mechanically and without application of mind and had not realized that the revision was against the orders passed in execution proceedings, still in view of the correctness of the orders passed by the District Forum and State Commission, no interference was called for. (Para 7)
JUDGEMENT:
S. N. VARIAVA, J.
1. This appeal is against a one paragraph Order dated 16th October, 2001 of the National Consumer Disputes Redressal Commission which reads as follows:
“In the case notice was issued to the respondent limited to rate of interest only in view of our decision in H.U.D.A. v. Darsh Kumar, revision petition no. 1197/98, the revision petition is dismissed.”
2. On 16th October 1995, the respondents were allotted a Nursing Home site in Sector 23/23A, Urban Estate, Gurgaon for consideration of Rs.2,145/- per square yard. On 22nd December, 2003 the respondents were then offered an alternate site No. NH-1, Sector 46, Urban Estate, Gurgaon for consideration of Rs.3,606/- per square yard. This was accepted by the respondents without prejudice to their rights. The respondent then filed a complaint. On these facts, the District Forum directed that the alternate site was to be given at the same rate as the original site. The District Forum further ordered that the appellants shall adjust the amount of Rs.1,82,625/-, deposited by the respondents, towards future installments.
3. The State Forum dismissed the appeal and confirmed the order of the District Forum. The appellants went in revision before the National Commission. The National Commission dismissed the revision.
4. As the appellants did not comply with the orders, an execution application was taken out. By order dated 22nd May, 2000 the appellants were directed to comply with the orders and were also directed to pay interest at 15% per annum on amounts deposited by the respondent.
5. Against the order dated 22nd May, 2000, an appeal was filed before the State Forum. The appeal was dismissed on 3rd November, 2000.
6. Against the order of 3rd November, 2000, a revision was filed before the State Forum which has been dismissed by the impugned one paragraph order.
7. A perusal of the order of the National Commission reveals that the National Commission had not realized that the revision was against orders passed in execution proceedings. It does appear that the National Commission has mechanically and without application of mind passed the above mentioned one paragraph order. Thus the order of the National Commission would normally require to be set aside. We however find that the orders of the District Forum and State Forum in the execution application are correct and require no interference. The appellants had lost, in the earlier round, up to the National Commission. That order was not appealed against. Thus that order has become final. The order directing execution is in accordance with the earlier orders.
8. Accordingly, we dismiss this appeal with no order as to costs.
1. This appeal is against a one paragraph Order dated 16th October, 2001 of the National Consumer Disputes Redressal Commission which reads as follows:
“In the case notice was issued to the respondent limited to rate of interest only in view of our decision in H.U.D.A. v. Darsh Kumar, revision petition no. 1197/98, the revision petition is dismissed.”
2. On 16th October 1995, the respondents were allotted a Nursing Home site in Sector 23/23A, Urban Estate, Gurgaon for consideration of Rs.2,145/- per square yard. On 22nd December, 2003 the respondents were then offered an alternate site No. NH-1, Sector 46, Urban Estate, Gurgaon for consideration of Rs.3,606/- per square yard. This was accepted by the respondents without prejudice to their rights. The respondent then filed a complaint. On these facts, the District Forum directed that the alternate site was to be given at the same rate as the original site. The District Forum further ordered that the appellants shall adjust the amount of Rs.1,82,625/-, deposited by the respondents, towards future installments.
3. The State Forum dismissed the appeal and confirmed the order of the District Forum. The appellants went in revision before the National Commission. The National Commission dismissed the revision.
4. As the appellants did not comply with the orders, an execution application was taken out. By order dated 22nd May, 2000 the appellants were directed to comply with the orders and were also directed to pay interest at 15% per annum on amounts deposited by the respondent.
5. Against the order dated 22nd May, 2000, an appeal was filed before the State Forum. The appeal was dismissed on 3rd November, 2000.
6. Against the order of 3rd November, 2000, a revision was filed before the State Forum which has been dismissed by the impugned one paragraph order.
7. A perusal of the order of the National Commission reveals that the National Commission had not realized that the revision was against orders passed in execution proceedings. It does appear that the National Commission has mechanically and without application of mind passed the above mentioned one paragraph order. Thus the order of the National Commission would normally require to be set aside. We however find that the orders of the District Forum and State Forum in the execution application are correct and require no interference. The appellants had lost, in the earlier round, up to the National Commission. That order was not appealed against. Thus that order has become final. The order directing execution is in accordance with the earlier orders.
8. Accordingly, we dismiss this appeal with no order as to costs.
