Full Judgment Text
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CASE NO.:
Appeal (civil) 7562 of 2002
PETITIONER:
Haryana Urban Development Authority
RESPONDENT:
Dr. Jai Bhagwan & Anr.
DATE OF JUDGMENT: 27/09/2004
BENCH:
S. N. VARIAVA & B. P. SINGH
JUDGMENT:
J U D G M E N T
S. N. VARIAVA, J.
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. vs. Darsh Kumar, Revision Petition No. 1197/98,
the Revision Petition is dismissed."
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.
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.
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.
Against the Order dated 22nd May, 2000, an Appeal was filed
before the State Forum. The Appeal was dismissed on 3rd November,
2000.
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.
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
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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.
Accordingly, we dismiss this Appeal with no order as to costs.