Haryana

StateCommission

RP/01/2015

Haryana Urban Development Authority - Complainant(s)

Versus

Abhishek Haryana Employees Cooperative Group Housing Society Limited - Opp.Party(s)

19 Aug 2015

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, HARYANA, PANCHKULA

 

 

                                                Revision Petition No.   01 of 2015

                                                Date of Institution :      07.01.2015

                                                Date of Decision   :      19.08.2015

 

 

1.      Haryana Urban Development Authority, through its Chief Administrator, Head Office, Sector 6, Panchkula.

 

2.      Estate Officer, Haryana Urban Development Authority, Panchkula.

Petitioners-opposite parties

 

Versus

 

Abhishek Haryana Employees Cooperative Group Housing Society Limited through its authorized representative and President Sh. Rajesh Godara, House No.252, Village Railly, Sector 12-A, Panchkula.

Respondent-Complainant

 

 

CORAM :   Hon’ble Mr. Justice Nawab Singh, President

                   Mr. B.M. Bedi, Judicial Member.

                   Mrs. Urvashi Agnihotri, Member.

                  

 

Present :             Sh. Ajay Kansal, Advocate for the petitioners.

                                     

O R D E R

 

 

NAWAB SINGH J, (ORAL)

 

          Abhishek Haryana Employees Cooperative Group Housing Society Limited (for short ‘society’)-complainant through its authorized representative and President Sh. Rajesh Godara, House No.252, Village Railly, Sector 12-A, Panchkula filed complaint under Section 12 of the Consumer Protection Act, 1986 against Haryana Urban Development Authority (HUDA), Panchkula before District Consumer Disputes Redressal Forum (for short ‘District Forum’)  Panchkula.

2.      The complaint was allowed vide order dated November 07^th, 2003 directing the HUDA (a) to make payment of the balance undisbursed amount (illegally deducted) (b) to pay interest at the rate of 10% per annum on the balance undisbursed amount w.e.f. 23.05.2001 till realization and on the amount disbursed w.e.f. 23.05.2001 till the date when the amount was disbursed and (c) also pay costs of Rs.2000/-.

3.      Against the said order, HUDA filed appeal before this Commission.  The appeal was allowed vide order dated October 04^th, 2011. 

4.      Since the appeal was accepted by this Commission, HUDA filed execution application before the District Forum, Panchkula giving direction to the Society to refund the amount which HUDA had paid as per the orders of the District Forum. 

5.      The District Forum passed the impugned order dated September 12^th, 2014, which reads as under:-

          “Today the execution application is fixed for filing fresh address of the respondent-complainant.  Many opportunities has already been given to the counsel for the applicants for filing the fresh address of the respondent-complainant but counsel for the complainant fails to furnish correct address of the respondent-complainant after availing many opportunities.  Due to non-furnishing the correct address of the respondent-complainant, service of the respondent-complainant cannot be effected.  Hence, the present execution application is hereby dismissed.  We order accordingly…..”  

 

6.      The solitary submission of learned counsel for the petitioners is that the District Forum be directed to get the service effected under Order V, Rule 20 CPC instead of out-rightly dismissing the execution application because address given in the execution application is the same as was mentioned in the complaint.

7.      Notice of this petition was issued to the Society but it was reported that no one was available on the given address.  Be that as it may, the revision petition is accepted and impugned order is set aside, directing the District Forum to get the substituted service effected on the respondent-complainant and decide the execution application in accordance with law.

 

Announced 19.08.2015

(Urvashi Agnihotri) Member

(B.M. Bedi) Judicial Member

(Nawab Singh) President

 

U.K