ORAL

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

                               UTTAR PRADESH, LUCKNOW

                                  REVISION NO. R/20/2018

             (Against the order dated 05-02-2018 in Complaint Case No.

                805/2017 of the District Consumer Forum-II, Lucknow )

Paradise Crystal Resident Welfare Association

E-106, Paradise Crystal, Sushant Golf City

Lucknow-226030

Through Chairman

                                                                                     ...Revisionist

                                                     Vs.

01.M/s Ansal Properties & Infrastructure Limited

     YMCA Campus, 13 Rana Pratap Marg

     Lucknow-226001

     Through Executive Director

02.M/s Ansal API Infrastructure Limited

     Sushant Golf City, Sultanpur Road

     Shoping Square, Sector-D

     Lucknow-226030

     Through Director Maintenance

                                                                                     ...Opposite parties

BEFORE:

HON'BLE MR. JUSTICE AKHTER HUSAIN KHAN, PRESIDENT

For the Revisionist                  :    Mr. Banarsi Singh, Advocate.

For the Opposite Party            :   

Dated :  15-02-2018

                                                  JUDGMENT

       MR. JUSTICE A. H. KHAN, PRESIDENT

                   Sri Banarsi Singh, learned Counsel for the revisionist appeared.

          Heard learned Counsel for the revisionist and perused order dated 05-02-2018 passed by District Consumer Forum-II, Lucknow in Complaint Case No. 805 of 2017 whereby District Consumer Forum has fixed 26-05-2018 date for filing written statement by opposite parties.

Revisionist is complainant of above complaint. His grievance is that the date fixed by District Consumer Forum for written statement is against provision of Section 13(2)(a) of the Consumer Protection Act 1986 as well as proposition laid down by Hon’ble Apex Court in Civil Appeal No…….of 2017 (D. No. 2365 of 2017) Reliance General Insurance Company Limited

:2:

and another V/s M/s. Mampee Timbers and Hardware Pvt. Ltd. and another.

Further grievance of revisionist is that the District Consumer Forum has not taken on record application moved by revisionist for interim relief under Section 13(3B) of the Consumer Protection Act 1986 and has not passed any order on it.

I have considered the submission made by learned Counsel for the revisionist and perused impugned order dated 05-02-2018 as well as previous order dated 01-12-2017.

Perusal of above two orders dated 01-12-2017 and 05-02-2018 shows that complaint was registered on 01-12-2017 and notice was issued to opposite parties fixing 05-02-2018 for written statement. Thereafter on 05-02-2018 the District Consumer Forum fixed 26-05-2018 for written statement without recording service of notice on opposite parties. The impugned order dated 05-02-2018 passed by District Consumer Forum is apparently erroneous. On this date the District Consumer Forum should have passed an order to the effect as to whether service of notice is sufficient on opposite parties. If yes the District Consumer Forum should have fixed date for written statement keeping in view the provision of Section 13(2)(a) of the Consumer Protection Act 1986 as well as proposition laid down by Hon’ble Apex Court in the above case but the District Consumer Forum has not passed order with regard to service of notice and has fixed date in violation of provision of Section 13(2)(a) of the Consumer Protection Act 1986. Further more if the application for interim relief was moved on behalf of complainant the District Consumer Forum should have entertained it in accordance with law.

In view of above present revision is disposed of finally with direction to District Consumer Forum-II, Lucknow to pass order regarding service of notice on opposite parties of complaint and to fix date for written statement in accordance with provision of Section 13(2)(a) of the Consumer Protection Act 1986 as well as proposition laid down by Hon’ble Apex Court in the above case of Reliance General Insurance Company Limited

:3:

and another V/s M/s. Mampee Timbers and Hardware Pvt. Ltd. and another.

It is further directed that if the complainant has moved application for interim relief the District Consumer Forum shall entertain it and pass order in accordance with law.

Revisionist shall appear before District Consumer Forum-II, Lucknow on 12-03-2018 and shall produce certified copy of this order before District Consumer Forum. Thereafter the District Consumer Forum shall pass order as directed above.

Let copy of this order be made available to the parties as per rules.

( JUSTICE A H KHAN )

                                                                                                    PRESIDENT

          Pnt.