NCDRC

NCDRC

RP/3999/2009

SHYAM SUNDER DEEPAK - Complainant(s)

Versus

R.K. GUPTA - Opp.Party(s)

IN PERSON

08 Jan 2010

ORDER


NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIREVISION PETITION NO. 3999 OF 2009
(Against the Order dated 10/07/2009 in Appeal No. 40/2009 of the State Commission Chhattisgarh)
1. SHYAM SUNDER DEEPAKR/o Ware house road bilaspur Tehsil and Distt.BilaspurC.G ...........Petitioner(s)
Versus
1. R.K. GUPTAMuktidham Chowk, Sarkanda, Bilaspur C.G ...........Respondent(s)

BEFORE:
HON'BLE MR. JUSTICE R.K. BATTA ,PRESIDING MEMBER
For the Petitioner :IN PERSON
For the Respondent :NEMO

Dated : 08 Jan 2010
ORDER

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The Petitioner/Complainant had sent an application that he cannot engage an advocate and needs legal aid. I have gone through the entire record. The complaint filed by the present Petitioner was allowed by the District Forum in following terms:- “A. Apart from the 28 grills made according to the specification, the design of the remaining grills be corrected within 3 months by the non-applicant and be given to the applicant. The applicant will produce the grills made against the specific design for correction before non-applicant within a period of one month. B. If the non-applicant does not rectify the grills under the conditions described terms as stated in para ‘a’ then the applicant is entitled to receive the balance amount of Rs.15,168/- (Rupees Fifteen thousand one hundred sixty eight) from the non-applicant after deducting the price of 28 correctly made grills, with interest @ Rs.7% from 26.7.2007 till the date of payment. The grills made against the specific design are liable to be returned to the non-applicant. C. By way of damage amount the non-applicant will pay Rs.5000/- (Rupees Five thousand) to the applicant. D. By way of cost of the suit in this case, the non-applicant will pay Rs.1,000/- (Rupees one thousand ) to the applicant.” This order was challenged by the Opposite Party before the State Commission on 25.4.2009. The appeal was disposed of as settled between the parties and the order of the State Commission reads as under:- “After part arguments, both parties have settled the matter on the condition that appellant will provide all the grills total 115 in Nos., as ordered by the respondent, @ Rs.33.50 per kg. to the respondent. To that effect the order of the District Forum is modified and this appeal is disposed of.” Subsequently, the present Petitioner filed an application for review of the said order which was dismissed. The Petitioner has now come in revision before this Commission on the ground that he had never agreed for settlement. The case of the Complainant is that the matter was heard on 25.4.2009 and it was closed for orders and copy of the order was received by him on 9.5.2009. However, this contention of the Complainant in the revision is contrary to the order dated 25.4.2009 which has been recorded above. On that date, the present Petitioner who was Respondent therein was present and the State Commission has categorically recorded the fact that both parties has settled the matter on the on the condition that appellant will provide all the grills total 115 in Nos., as ordered by the respondent, @ Rs.33.50 per kg. to the respondent, namely, the present Petitioner. In view of this, the ground on which the revision has been filed cannot be accepted. It is now well settled that the record of the court cannot be challenged by filing an affidavit in the higher court. In view of the above, I do not find any merit in this revision and the revision is hereby dismissed with no order as to costs.


......................JR.K. BATTAPRESIDING MEMBER