NCDRC

NCDRC

RP/3353/2006

HARYANA URBAN DEVELOPMENT AUTHORITY - Complainant(s)

Versus

JAGMOHAN GUPTA - Opp.Party(s)

MR. R.S. BADHRAN

17 Jan 2012

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 3353 OF 2006
 
(Against the Order dated 08/07/2006 in Appeal No. 1780/2003 of the State Commission Haryana)
1. HARYANA URBAN DEVELOPMENT AUTHORITY
THROUGH ITS, ESTATE OFFICE , HUDA ,
KURUKSHETRA
-
...........Petitioner(s)
Versus 
1. JAGMOHAN GUPTA
S/O. SH. DEVI CHAMD GUPTA ,
R/O. 8. SUBHASH COLONY
KARNAL HARYANA
...........Respondent(s)

BEFORE: 
 HON'BLE MR. ANUPAM DASGUPTA, PRESIDING MEMBER
 HON'BLE MR. SURESH CHANDRA, MEMBER

For the Petitioner :MR. R.S. BADHRAN
For the Respondent :NEMO

Dated : 17 Jan 2012
ORDER

 

Heard Mr. R.S. Badhran, learned counsel for the petitioner. In response to the direction dated 29.11.2011, he states that he wishes to pursue the petition.   

His main contention is that the State Commission erred in not giving the petitioner an opportunity to deposit the statutory  amount  with  the  appeal that the petitioner had filed before the State Commission and dismissing the appeal on that ground.

       We have considered this contention carefully but regret to reject it out of hand. The statutory deposit is a pre-requisite for consideration of an appeal under the provisions of section 15 of the Consumer Protection Act, 1986. That this primary responsibility needs to be discharged by any appellant before it can expect its appeal to be admitted to consideration has been also reaffirmed by the Apex Court in its decision dated 10.01.2011 in Appeal (Civil) No.1528 of 2011.

       In view of the foregoing, we have no hesitation in dismissing the revision petition and order as such.

 
......................
ANUPAM DASGUPTA
PRESIDING MEMBER
......................
SURESH CHANDRA
MEMBER

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