NCDRC

NCDRC

RP/2566/2012

PRABHA - Complainant(s)

Versus

INDORE DEVELOPMENT AUTHORITY & ANR. - Opp.Party(s)

MR. ARPIT GUPTA

10 Feb 2022

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 2566 OF 2012
 
(Against the Order dated 18/05/2011 in Appeal No. 246/2009 of the State Commission Madhya Pradesh)
1. PRABHA
Sh Jagdish Tapadai R/o 250 Usha Nagar Extn
Indore
M.P
...........Petitioner(s)
Versus 
1. INDORE DEVELOPMENT AUTHORITY & ANR.
7 Race Course Road
Indore
M.P
2. Chairman Dak Tar,
Grah Nriman Sajkari Sanstha Maryadit 85 Nagar Nigam Road
Indore
M.P
...........Respondent(s)

BEFORE: 
 HON'BLE MR. DINESH SINGH,PRESIDING MEMBER
 HON'BLE MR. JUSTICE KARUNA NAND BAJPAYEE,MEMBER

For the Petitioner :
Mr. Pawan Kumar Ray, Advocate with
Mr. Madhur Bhatnagar, Advocate
For the Respondent :
For the Respondent No. 1 : Mr. Anil Kr. Sharma, Advocate
For the Respondent No. 2 : NEMO

Dated : 10 Feb 2022
ORDER

1.       This revision petition has been filed under Section 21(b) of the Act 1986 in challenge to the Order dated 18.05.2011 of the State Commission in appeal no. 246 of 2009 arising out of the Order dated 07.01.2009 of the District Commission in complaint no. 970 of 2007.

2.       Learned counsel for the petitioner complainant submits that another revision petition, being revision petition no. 2742 of 2011, has been filed by the Indore Development Authority, which is the respondent no. 1 in the instant revision petition no. 2566 of 2012. He also submits that the petitioner complainant herein is the respondent no. 1 in the said revision petition no. 2742 of 2011 filed by the Indore Development Authority. Learned counsel further submits that the Order of the State Commission impugned in both the revision petitions, no. 2566 of 2012 and no. 2742 of 2011, is in favour of the petitioner complainant and also that no specific prayer has been made in the instant revision petition no. 2566 of 2012 when it was filed in 2012 through some other counsel.

Learned counsel accordingly submits that under the said facts and circumstances he would raise all his issues and contentions and make all his submissions in revision petition no. 2742 of 2011, in which he is the respondent no. 1, and he deems no need to pursue the instant revision petition no. 2566 of 2012. 

3.       In the wake of the submissions made by the learned counsel for the petitioner complainant, the revision petition no. 2566 of 2012 appears to have been rendered infructuous and is hence dismissed as such. It is however concomitantly made explicit that the petitioner complainant herein, who is the respondent no. 1 in the revision petition no. 2742 of 2011, shall be at liberty to raise all his issues and contentions and make all his submissions in revision petition no. 2742 of 2011 when it is argued in the due course. It is also made explicit that no observation is being made by this Commission on the merits of the matter while dismissing this instant revision petition no. 2566 of 2012 as infructuous; the merits of the matter shall be examined by this Commission when it hears the revision petition no. 2742 of 2011.

4.       The Registry is requested to send a copy each of this Order to the parties in the petition and to their learned counsel immediately. The stenographer is also requested to upload this Order on the website of this Commission immediately.                                                                                               

 
......................
DINESH SINGH
PRESIDING MEMBER
......................J
KARUNA NAND BAJPAYEE
MEMBER

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