Chandigarh

StateCommission

MA/124/2024

HUDA - Complainant(s)

Versus

Late Sh. Jatinder Kumar - Opp.Party(s)

Adv. Poonam Thakur

08 Feb 2024

ORDER

State Consumer Disputes Redressal Commission

U.T., Chandigarh

MA/124/2024 in A/RBT/1134/2008

Haryana Urban Development Authority & anr.

Vs.

Late Sh. Jatinder Kumar through his Legal Heir & ors.

BEFORE:

JUSTICE  RAJ  SHEKHAR  ATTRI, PRESIDENT

SH. RAJESH  K. ARYA, MEMBER

PRESENT

 

Ms. Poonam Thakur, Advocate for the applicant/complainant. 

Dated: 08/02/2024

PER RAJESH K. ARYA, MEMBER

ORDER

                   This application has been filed by the applicant/complainant for recalling of order dated 13.01.2009 passed by this Commission in Appeal bearing No.A/RBT/1134/2008.

2.                We have heard the Counsel for the applicant/complainant and have gone through the record.

3.                Per record, it is apparent that the applicant/complainant initially filed Miscellaneous Application No.975 of 2019 before this Commission for annulment of order dated 13.01.2009 passed by this Commission vide which, the appeal filed by Haryana Urban Development Authority (HUDA) was accepted and the complaint was dismissed. The said miscellaneous application was dismissed by this Commission vide order dated 07.09.2021.

4.                The applicant/complainant filed a Review Application No.7 of 2021 for recalling of aforesaid order dated 07.09.2021 along-with Miscellaneous Application No.753 of 2021 for annulment of orders. Both these review application and Miscellaneous application were also dismissed by this Commission vide order dated 15.02.2022. Now the present application has again been filed with delay of 5495 days (almost 13 years), seeking recalling of main order dated 13.01.2009 of this Commission passed in the appeal, which has attained finality up to the Hon’ble National Consumer Disputes Redressal Commission, New Delhi as the Revision Petition No.1586 of 2009 filed by the applicant/complainant was dismissed by Hon’ble National Commission vide order dated 12.05.2009. Even not a single word has been mentioned in the application with regard to earlier two orders dated 07.09.2021 and 15.02.2022 passed by this Commission dismissing their earlier miscellaneous application and review application. We are of the view that the applicant/complainant is unnecessary wasting the precious time of this Commission by repeatedly filing such applications, which are not maintainable before this Commission. However, taking a lenient view, we are not imposing any cost this time.

5.                In view of above, this miscellaneous application is dismissed being not maintainable with no orders as to costs.

6.                Certified copy of this order be sent to the parties free of charge.

7.                File be consigned to the Record Room after completion.

                             

[RAJ SHEKHAR ATTRI]

PRESIDENT

 

[RAJESH  K. ARYA]

MEMBER

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