Delhi

StateCommission

A/339/2017

M/S D.C THAKUR MATAR PIATAR SADAN - Complainant(s)

Versus

GM ANSAL HOUSING & CONSTRUCTION LTD. - Opp.Party(s)

SELF

08 Sep 2017

ORDER

 IN THE STATE COMMISSION : DELHI

(Constituted under Section 9 of the Consumer Protection Act, 1986)

 

 

 

Date of Decision: 08.09.2017

 

 

First Appeal No.339/2017

(Arising out of the order dated 22.05.2017 passed in Complaint Case No.575/2014 by the District Consumer Disputes Redressal Forum, (South West) Sheikh Sarai, New Delhi)

 

M/s. D.C. Thakur Matar Pitar Sadan(Orphanage)

G-1362, Chitranjan Park,

New Delhi                                                                            ….Appellant

 

 

Versus

 

The General Manager (Sale),

Ansal Housing & Construction Ltd.,

15, UGF, Inderprakash Building,

21, Barakhamba Road,

New Delhi.                                                                        ….Respondent

 

 

CORAM

Justice Veena Birbal, President

Salma Noor, Member

 

 

1.  Whether reporters of local newspaper be allowed to see the judgment?

    

2. To be referred to the reporter or not?

 

Justice Veena Birbal, President

 

1. This is an appeal under Section 15 of the Consumer Protection Act, 1986 (in short, “the Act”) wherein challenge is made to order dated 22.905.2017 passed by the Consumer Disputes Redressal Forum (South West), Sheikh Sarain, New Delhi (in short, “the District Forum”) in CC No.575/2014 by which two applications filed by the appellant/complainant have been dismissed.
2. The background of the case is that the appellant/complainant had filed a complaint in July 2004 before the District Forum against the respondent/OP seeking possession of the plot and for reduction of amount demanded by the OP. The said complaint was earlier dismissed by the Ld. District Forum. On appeal the said complaint was remanded back and now the matter is pending disposal before the Ld. District Forum.
3. In the aforesaid complaint, complainant filed two applications i.e. one application, seeking review/modification of the order dated 21.12.2016 passed by the Ld. District Forum vide which the application for condonation of delay in filing the complaint was allowed by the Ld. District Forum. By another application the appellant/complainant had prayed for dismissal of the defence of the OP on the allegations of fraud.
4. It is contended by the appellant/complainant that the District Forum has power to review its order as such it could have reviewed the order by which application for condonation of delay though decided in favour of the respondent/OP but appellant/complainant wants some amendments in the order. We don’t agree with the appellant/complainant, in view of the judgment passed by the Hon’ble Supreme Court in Rajeev Hitendra Pathak & Ors. Vs. Achyut Kashinath Karekar & Anr., (2011) 9 SCC 541 wherein it has been held that the District Forums and the State Commissions have not been given any power to set aside ex parte orders and power of review and the powers which have not been expressly given by the Statute cannot be exercised. Ld. District Forum has rightly dismissed the first application.
5. As regards the second application, the Ld. District Forum observed as under:

 

“We are of the opinion that the issue cannot be decided if defence of OP is struck off. We are also of the opinion that contention raised by the complainant is to be decided only at the stage of final arguments and that cannot be taken as ground to strike of defense of OP. Hence this application is also dismissed.”

 

6. Keeping in mind the facts of the case, the Ld. that District Forum has rightly held that the contentions raised by the appellant/complainant shall be dealt with at the stage of final arguments and not in the midst of proceedings. Meaning thereby the application is still pending and request of appellant/complainant shall be considered at an appropriate stage.
7. We find no error or illegality in the order passed by the Ld. District Forum. Accordingly, the present appeal stands dismissed in limine.
8. A copy of this order as per the statutory requirement be forwarded to the parties free of charge and also to the concerned District Forum. 

              File be consigned to Record Room.

 

(Justice Veena Birbal)

President

 

 

 

(Salma Noor)

Member