Haryana

StateCommission

RP/24/2015

Indian Farmers Fertilizers Cooperative Ltd. (IFFCO) - Complainant(s)

Versus

Nirmla Devi - Opp.Party(s)

09 Nov 2016

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

Revision Petition No : 24 of 2015

Date of Institution: 19.03.2015

Date of Decision : 09.11.2016

 

1.      Indian Farmers Fertilizers Cooperative Ltd. (IFFCO) Kissan Seva Kendra Bhuna, Tehsil and District Fatehabad, through its Sale Manager.

2.      Managing Director, Indian Farmers Forestory Development Co-operative Limited, FMDI, IFFCO Colony Sector-17, Gurgaon.

                                      Petitioners- Opposite Parties

 

Versus

Nirmla Devi, aged about 47 years widow of Sh. Vijender Singh resident of Siwani Bolan, Block Agroha, Tehsil and District Hisar.

 

                                      Respondent- Complainant

 

CORAM:             Hon’ble Mr. Justice Nawab Singh, President.

                             Shri B.M. Bedi, Judicial Member.

                             Shri Diwan Singh Chauhan, Member   

 

Argued by:          Sh. Raman Gaur, Advocate for the petitioners

                             Sh. Vaibhav Jain, Advocate for the respondent.

 

                                                   O R D E R

 

B.M. BEDI, JUDICIAL MEMBER

 

Indian Farmers Fertilizers Cooperative Ltd. (IFFCO) and its Managing Director-opposite parties (petitioners herein) filed revision petition against the order dated 05.03.2015 passed by District Consumer Disputes Redressal Forum, Hisar (in short, ‘District Forum’) in Execution Application No.61 of 2014 vide which warrant of attachment of property of petitioners was ordered to be issued.

2.      Nirmla Devi-complainant (respondent) filed complaint under Section 12 of the Consumer Protection Act, 1986 against the opposite parties.  The complaint was allowed vide order dated 23.05.2014 by the District Forum with following directions:-

“Resultantly, this complaint is hereby allowed with a direction to the opposite parties, to pay a total sum of Rs.45,000/- to the complainant, with interest @9% per annum from the date of filing of this complaint i.e. 09.11.2014 till payment.  The complainant is also allowed damages of Rs.5,000/- for harassment and litigation expenses of Rs.1100/- against the opposite parties”.

3.      Petitioners filed appeal bearing First Appeal No.548 of 2014 before this Commission.  During the pendency of appeal, complainant filed application for execution of order dated 23.05.2014 wherein District Forum passed the order dated 05.03.2015.

4.      Since the order dated 23.05.2014, whose compliance was being sought by filing execution has been set aside by this commission vide orders dated 09.11.2016 and the case has been remanded back to the District Forum for fresh decision on merits and consequently order dated 23.05.2014 does not survive, therefore, the present revision petition has become infructous and is disposed off as such.

5.      File be consigned to records.

 

Announced 09.11.2016

(Diwan Singh Chauhan) Member

(B.M. Bedi) Judicial Member

(Nawab Singh) President

DK