NCDRC

NCDRC

RP/3631/2011

SHYAM NARAYAN SINGH - Complainant(s)

Versus

GHAZIABAD DEVELOPMENT AUTHORITY - Opp.Party(s)

IN PERSON

18 Jul 2013

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 3631 OF 2011
 
(Against the Order dated 11/08/2011 in Appeal No. 132/2011 of the State Commission Uttar Pradesh)
1. SHYAM NARAYAN SINGH
515, DDA, MIG, Baghbaan Apartment, Pocket GH-2, Rohini, Sector-28
New Delhi - 110 042
Delhi
...........Petitioner(s)
Versus 
1. GHAZIABAD DEVELOPMENT AUTHORITY
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE V.B. GUPTA, PRESIDING MEMBER
 HON'BLE MRS. REKHA GUPTA, MEMBER

For the Petitioner :
Mr. Shyam Narayan Singh, In person
For the Respondent :
Ms. Reena Singh, Advocate

Dated : 18 Jul 2013
ORDER

Arguments heard. 2. In the present revision petition there is challenge to impugned order dated 11.8.2011 passed by State Consumer Disputes Redressal Commission, Uttar Pradesh, (for short, tate Commission. 3. We have gone through the impugned order which read as under; eard the revisionist Mr. Shyam Narayan Singh in person. By means of this revision Sri Singh has questioned the propriety of the impugned order dated 6.6.2011 whereby the Forum below has refused to reopen the execution proceedings on the ground that his execution petition had finally been disposed of on 30.5.2008. What important to note is that the order of May 30, 2008, a copy whereof is before us remains final till date as the revisionist has not questioned the legality of that order before this Commission. Although he filed a miscellaneous application No.565 of 2008 before the Honle National Commission, yet it appears that he had not revealed the fact of his execution petition having petition having been finally struck off in full satisfaction by means of the order dated 30.5.2008. As the said order continues to be final till date, the District Consumer Forum has rightly observed in its impugned order of 6.6.2011 that the execution cannot be reopened for the simple reason of erstwhile order dated 30.5.2008 being final. In our considered opinion, the Forum below has not committed any jurisdictional error. In the result, this revision petition fails and is hereby dismissed. 4. As per impugned order, the execution petition has been finally disposed of by the District Forum on 30.5.2008. Once the execution petition has been disposed of finally, no Forum can reopen the same. Hence, in view of the disposal of the execution petition finally by the District Forum, the State Commission rightly dismissed the revision petition. 5. Secondly, no second revision shall lie against the order passed by the State Commission in a revision petition. 6. Hence, we do not find any illegality or infirmity in the impugned order passed by the State Commission. Accordingly, the revision petition stands dismissed. 7. Parties shall bear their cost.

 
......................J
V.B. GUPTA
PRESIDING MEMBER
......................
REKHA GUPTA
MEMBER

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