NCDRC

NCDRC

RP/3252/2010

ATUL KUMAR SHRIVASTAVA - Complainant(s)

Versus

CHIEF EXECUTIVE OFFICER, RAIPUR DEVELOPMENT AUTHORITY - Opp.Party(s)

IN PERSON

19 Jan 2011

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 3252 OF 2010
 
(Against the Order dated 11/05/2010 in Appeal No. 110/2010 of the State Commission Chhattisgarh)
1. ATUL KUMAR SHRIVASTAVA
Resident of Flat No. E3, Sai Appartment Sai Nagar Devender Nagar Road City, Tehsil and Distric-Raipur
Raipur
Chhattisgarh - 492009
...........Petitioner(s)
Versus 
1. CHIEF EXECUTIVE OFFICER, RAIPUR DEVELOPMENT AUTHORITY
Department of Urban Administration
Chhattisgarh
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE R.K. BATTA, PRESIDING MEMBER
 HON'BLE MR. VINAY KUMAR, MEMBER

For the Petitioner :IN PERSON
For the Respondent :NEMO

Dated : 19 Jan 2011
ORDER

Heard Counsel for the petitioner. Delay of 33 days in filing the revision is condoned.  Counsel for the petitioner states that the petitioner has raised substantial question of law as to whether District Forum has power to review.  It is now well settled through a catena of judgments that neither District Forum nor the State Commission has any power to review.  Besides this, order of the State Commission as also order of District Forum closing the execution proceeding is well founded on the basis of material on record.  The issue  relating to double payment of Rs.33,336/-, which is now sought to be raised, was never substantive by raised or adjudicated in the main proceedings and the same cannot be permitted to be agitated in execution proceeding.  There is no jurisdictional error, illegality or material irregularity in the orders of fora below.  The revision is, accordingly, dismissed with no order as to costs.  

 
......................J
R.K. BATTA
PRESIDING MEMBER
......................
VINAY KUMAR
MEMBER

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