Misc. Case No. 29/2009

 Hari Shankar Maheshwari

V/s

ADA, Aligarh

Date :   .02.2024

Order

1. Complainant/DH moved application for taking action U/s 27 of Consumer Protection Act, 1986 on account of non-compliance of the judgment and order dated 29.3.1993 passed by the District forum against Op/JD which was partly confirmed on 5.1.2009 by the State Consumer Commission Lucknow in Appeal no. 668/1993 preferred by the Op.   
2. OP/JD submitted reply in which it was stated that an amount of Rs. 33900 through account payee cheque dated 8.10.2009 drawn at Syndicate Bank in favor of district forum was deposited on 14.10.2010 in compliance of the judgment passed in Appeal . Copy of cheque was enclosed.     
3. OP/ JD further stated that the direction for construction of the road was complied with as shown in coloured photographs. Photographs were enclosed.    
4. Heard and perused the record.
5. As per order dated 29.3.1993 passed by the District forum under the Act,1986 , Op was directed to provide 45 meters wide Road in good condition before the house of the complainant after completing all the formalities whatsoever of acquiring the land and filling the ditch. The Op was further directed to complete the work within three months failing which it shall have to pay damages at the rate Rs.50 per day.
6. Hon’ble State Commission allowing the Appeal partly it was ordered to widen the Road to provide passage for two four wheelers without any obstruction and it was directed that the Road infront of the house of the complainant was widened. Hon’ble State Commission awarded compensation Rs.30000 and litigation expenses Rs.3000 and the order passed by the District Forum for damages at the Rs.50 per day was set-aside.
7. Op has deposited the cheque Rs.33900 drawn in favor of District Forum and the amount was withdrawn by the DH on 4.12.2009 and thus the direction of payment of the compensation and litigation expenses has been complied with.
8. So far as the direction of widening the Road is concerned, OP has stated that the compliance has been made and two coloured photographs have been filed which clearly depict the spot position showing the passage infront of the gate of house of the complainant.
9. We are of the opinion that  the OP has complied with the directions given in the judgment and the execution proceedings are hereby dropped in full satisfaction.
10. A copy of this judgment be provided to all the parties as per rules as mandated by Consumer Protection Act, 2019. The order/judgment be uploaded forthwith on the website of the commission for the perusal of the parties.
11. File be consigned to record room along with a copy of this judgment.