Oral

State Consumer Disputes Redressal Commission

U.P. Lucknow.

Complaint  Case No.371 of 2018

Mrs. Pushpa Chaturvedi w/o Sri Vinay Kumar

Chaturvedi, R/o Prabha Bhawan, Mukhlishpur

Road, Khalilabad, Sant Kabir Nagar, Uttar

Pradesh-272175                                            …Complainant.

Versus

Gorakhpur Development Authority.             ...Opposite party.

Present:-­

1- Hon’ble Mr. Justice Ashok Kumar, President.

2- Hon’ble Mr. Rajendra Singh, Member.

3- Hon’ble Mr. Sushil Kumar, Member.

Sri Saket Srivastava, Advocate for the complainant.

Sri Balwant Rai, Advocate for the opposite party.

Date: 18.1.2024

JUDGMENT

Per Mr. Justice Ashok Kumar, President:- The instant complaint is pending since last more than 5 years and heard by different benches on different dates.

During the course of hearing today before this bench, this fact has brought to the notice of the bench that a civil case was filed which has been dismissed by the Civil Court against that order of dismissal by the Civil Court and First Appeal has been filed by the complainant before the Hon’ble High Court being First Appeal no.22 of 2012 which was finally dismissed as become infructuous by the Hon’ble High Court vide order dated 22.11.2017.

After the dismissal of the aforesaid First Appeal, the instant complaint has been filed by the complainant for following prayer:

a) That, by the order of Hon’ble Court, the opponent is ordered to do registry in the name of complainant and handover the possession to complainant.

b) That, the opponent should given Rs.1,00,000.00 to complainant as a charge for giving mental any physical harassment.

 c) That, the Commission should grant any other relief.

 d) That,  the opponent should give  Rs.30,000.00 expenses of the court to complainant.

 The aforesaid complaint was initially entertained and the reply/written statement was directed to be filed. Counsel for the opposite party/Development Authority filed the reply.

We have noticed today that the order passed by the Hon’ble High Court in the aforesaid First Appeal no.22 of 2012, clearly refers that the said appeal has been dismissed by the Hon’ble High Court on the ground/basis of an affidavit filed by the Vice Chairman, Gorakhpur Development Authority dated 20.11.2017. By the aforesaid affidavit this fact was brought to the notice before the Hon’ble High Court that the property in question and the allotment of the property to one Shri Ayodhya Prasad Singh has been cancelled by the Vice Chairman. The said order of the Vice Chairman was challenged by the allottee Sri Ayodhya Prasad Singh, by means of an appeal/application before the Special Secretary, Government of Uttar Pradesh.

The said appeal has been entertained and finally order has been passed by the Special Secretary, Government of Uttar Pradesh setting aside the order passed by the Vice Chairman, Gorakhpur Development Authority. There is no document or the copy of the said order passed by the Special Secretary available on record of this complaint.  

Accordingly, we find that the instant complaint is not maintainable before this Court. Therefore, the same is dismissed as withdrawn.

However, it is opened to the complainant to approach the appropriate Forum/Authority challenging the order, if any, passed by the Special Secretary, Government of Uttar Pradesh in accordance with law.

The stenographer is requested to upload this order on the Website of this Commission today itself. 

Certified copy of this judgment be provided to the parties as per rules.           

(Justice Ashok Kumar)  (Rajendra Singh) (Sushil Kumar)

          President                    Member                 Member

Dated :  18.1.2024

JafRi, PA I

C-1