NCDRC

NCDRC

RP/2871/2005

PUNJAB URBAN DEVELOPMENT AUTHORITY - Complainant(s)

Versus

MRS. POONAM SINGLA - Opp.Party(s)

MRS. C.K.SUCHARITA

27 May 2016

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 2871 OF 2005
 
(Against the Order dated 05/03/2005 in Appeal No. 23/2005 of the State Commission Punjab)
1. PUNJAB URBAN DEVELOPMENT AUTHORITY
PUDA BHAWAN PHASE VIII
MOHALI
PUNJAB
...........Petitioner(s)
Versus 
1. MRS. POONAM SINGLA
R/O HOUSE NO.5828-B
SECTOR 38 WEST
CHANDIGARH
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE D.K. JAIN, PRESIDENT
 HON'BLE MRS. M. SHREESHA, MEMBER

For the Petitioner :
Mrs. C.K. Sucharita, Advocate
For the Respondent :
NEMO for R-1/Complainant

Dated : 27 May 2016
ORDER

1.       This Revision Petition, by Punjab Urban Development Authority (for short “PUDA”), is directed against the order, dated 03.05.2005, passed by the State Consumer Disputes Redressal Commission, UT Chandigarh (for short “the State Commission”) in Appeal Case No. 23 of 2005.  By the impugned order, the State Commission, while allowing the Appeal, preferred by the Complainant against the order dated, 20.12.2004, passed by the District Consumer Disputes Redressal Forum-II, UT Chandigarh (for short “the District Forum”) in Complaint Case No. 471 of 2004, has directed PUDA to refund to the Complainant an amount of ₹2,75,000/-, deposited by her, along with interest @ 18% per annum w.e.f. 28.08.2002, the date of withdrawal of the Scheme, till actual payment.    

2.       The short grievance of PUDA in this Revision Petition is that since in all other similarly situated cases interest @ 10% per annum w.e.f. 181st day of the deposit has been paid, in terms of the direction issued by the Hon’ble Supreme Court on 05.08.2005 in Special Leave to Appeal (Civil) No. 10581 of 2003, the State Commission was not justified in issuing the afore-noted direction.

3.       Despite service of notice, no one has put in appearance on behalf of Respondent No.1/Complainant.  Accordingly, we have heard learned Counsel for the Petitioner/PUDA.

4.       Having perused the afore-noted order, which has been placed on record, and the fact that the said SLP, converted into Civil Appeal No. 4842 of 2005, had been withdrawn by PUDA, we partly allow the Revision Petition, with a direction that the Complainant shall be entitled to interest, as was directed to be paid by the Hon’ble Supreme Court in the afore-noted order.  If payment in terms of the said order has not been made so far, the same shall be made within four weeks from the date of receipt of a copy of this order.

5.       The Revision Petition stands disposed of in the above terms with no order as to costs.

 
......................J
D.K. JAIN
PRESIDENT
......................
M. SHREESHA
MEMBER

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