NCDRC

NCDRC

RP/1151/2010

DELHI JAL BOARD - Complainant(s)

Versus

M/S. AGGARWAL ASSOCIATES (PROMOTERS) LTD. - Opp.Party(s)

M/S. ARTI BANSAL & ASSOCIATES

21 May 2010

ORDER


NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIREVISION PETITION NO. 1151 OF 2010
(Against the Order dated 17/07/2007 in Appeal No. 21/2005 of the State Commission Delhi)
1. DELHI JAL BOARDVarunalaya Bhawan, JhandewalanNew Delhi - 110055Delhi ...........Petitioner(s)
Versus
1. M/S. AGGARWAL ASSOCIATES (PROMOTERS) LTD.Through Managing Director Smt. Uma Aggarwal, Bharat Bhawan, 10, New Rajdhani Enclave, Vikas MargDelhi - 110092Delhi ...........Respondent(s)

BEFORE:
HON'BLE MR. JUSTICE R.C. JAIN ,PRESIDING MEMBERHON'BLE MR. ANUPAM DASGUPTA ,MEMBER
For the Petitioner :NEMO
For the Respondent :NEMO

Dated : 21 May 2010
ORDER

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Delhi Jal Board by filing this petition seeks to challenge the order dated 17.07.07 passed by the Delhi State Consumer Disputes Redressal Commission, Delhi (in short, ‘the State Commission’) in Appeal No. A-21/05. By the impugned order, the State Commission has partly allowed the appeal filed by the petitioner, Delhi Jal Board by directing as under:- “ In our view fresh notice needs to be served upon the Aggarwal Associates in this regard and till the final decision is taken by the appellant, the ..2.. impugned order shall remain in operation. However, the appellant shall be at the liberty to raise fresh bills depending upon its decision with regard to the show cause notice to be served upon the respondent which shall be taken after respondent puts its version. The entire exercise shall be complied within two weeks from the receipt of this order.” At the outset, we may notice that this petition has been filed after undue delay of 851 days. Though an application for condonation of delay has been filed but we do not find any satisfactory reason on the basis of which we can exercise the discretion in favour of the petitioner. The application is accordingly declined and for this reason alone the petition is liable to be dismissed. Even then, we have considered the matter on its merits. In our view, having regard to the entirety of the facts and circumstances of the case, evidence and the material brought on record, the order passed by the State Commission is eminently justified and does not suffer from any illegality, material irregularity or jurisdictional error warranting our interference in revisional jurisdiction u/s 21 (b) of the Consumer Protection Act, 1986. The revision petition is dismissed.



......................JR.C. JAINPRESIDING MEMBER
......................ANUPAM DASGUPTAMEMBER