NCDRC

NCDRC

RP/2440/2012

PUNJAB URBAN PLANNING & DEVELOPMENT AUTHORITY (PUDA) - Complainant(s)

Versus

RAJINDER KAUR - Opp.Party(s)

MRS. RACHANA JOSHI ISSAR

15 Jul 2014

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 2440 OF 2012
 
(Against the Order dated 20/03/2012 in Appeal No. 972/2007 of the State Commission Punjab)
WITH
IA/4737/2013
1. PUNJAB URBAN PLANNING & DEVELOPMENT AUTHORITY (PUDA)
Through its Estate Officer
Jalandhar
Punjab
...........Petitioner(s)
Versus 
1. RAJINDER KAUR
W/o Shri Jaspal Singh R/o House No-WG 557 Mohalla Suraj Ganj
Jalandhar
Punjab
...........Respondent(s)
REVISION PETITION NO. 2518 OF 2012
 
(Against the Order dated 27/03/2012 in Appeal No. 404/2007 of the State Commission Punjab)
WITH
IA/4737/2013
1. PUDA
Through its Additional Chief Administrator
Jalandhar
Punjab
...........Petitioner(s)
Versus 
1. BALTEJ SINGH DHILLON
S/o Shri Pritam Singh R/o 68 Modern Colony
Jalandhar
Punjab
...........Respondent(s)
REVISION PETITION NO. 2602 OF 2012
 
(Against the Order dated 28/03/2012 in Appeal No. 457/2007 of the State Commission Chandigarh)
WITH
IA/4737/2013
1. PUDA
Ferozpur Road, Near BRS Nagar Ludhiana Through its Estate Officer (Previsously Know as Punjab Hosusing Developement Board)
Punjab
...........Petitioner(s)
Versus 
1. RACHHPAL KAUR
W/o Sh Tejwant Singh Advocate, Civil Courts Amloh,Fatehgarh Sahib
Patiala
Punjab
...........Respondent(s)
REVISION PETITION NO. 2604 OF 2012
 
(Against the Order dated 28/03/2012 in Appeal No. 459/2007 of the State Commission Chandigarh)
WITH
IA/4737/2013
1. PUDA
Ferozpur Road, Near BRS Nagar Ludhiana Through its Estate Officer (Previsously Know as Punjab Hosusing Developement Board)
...........Petitioner(s)
Versus 
1. KANWARJYOT SINGH
S/o Sh Inder Singh R/o 6-A Udam SIngh Nagar
Ludhiana
Punjab
...........Respondent(s)
REVISION PETITION NO. 3959 OF 2012
 
(Against the Order dated 08/06/2012 in Appeal No. 771/2007 of the State Commission Punjab)
WITH
IA/4737/2013
1. PUNJAB URBAN PLANNING & DEVELPMENT AUTHORITY (PUDA)
Through its Estate Officer, Shop-Cum-Office,Opp Tehsil Complex
DISTRICT - JALANDHAR
PUNJAB
...........Petitioner(s)
Versus 
1. DR. GURDEV SINGH PREET
S/o Moti Singh, R/o House No-515-L Model Town
DISTRICT - JALANDHAR
PUNJAB
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE J.M. MALIK, PRESIDING MEMBER
 HON'BLE MR. DR. S.M. KANTIKAR, MEMBER

For the Petitioner :
For the Petitioner
In all the 5 Revision Petitions : Mrs. Rachana Joshi Issar &
Ms. Ambreen Rasool, Advocates
For the Respondent :
For the Respondents
In RP/2440/2012
& RP/2518/2012 : Ms. Tajinder Virdi, Advocate
In Other RPs : NEMO

Dated : 15 Jul 2014
ORDER

1.      Counsel for the parties present.  In view of the Supreme Court authority reported in “HUDA Versus Sunita” (2005) 2 Supreme Court Cases 479, it is held that the complainants/respondents- Rajinder Kaur (in R.P. 2440/2012), Baltej Singh Dhillon (in RP/2518/2012), Rachhpal Kaur (in R.P. 2602/2012), Kanwarjyot Singh (in RP/2604/2012) and  Dr. Gurdev Singh Preet (in RP/3959/2012) are not the consumers. 

2.      Our attention was also invited towards the authority reported in “PUDA (NOW GLADA) VERSUS NARINDER SINGH NANDA” in Civil Appeal Nos. 8314-8315 of 2010 wherein the following Civil Appeal Nos.

Civil Appeal No. 6087 of 2013

Civil Appeal No. 8903 of 2011

Civil Appeal No. 8904 of 2011

Civil Appeal No. 8905 of 2011

Civil Appeal No. 5718 of 2008

Civil Appeal No. 5682 of 2008

         Civil Appeal No. 5700-5701 of 2009

        Civil Appeal No. 5702-5703 of 2009

       Civil Appeal No. 5706-5707 of 2009

        Civil Appeal No. 5710-5711 of 2009

        Civil Appeal No. 5713-5714 of 2009

       Civil Appeal No. 2641-2642 of 2014

(Arising out of SLP ( c) No. 24001-24002 of 2009

were decided on 20.02.2014 by the Apex Court wherein the following order was passed:-

                             “All these appeals are disposed of in terms of the order passed by this Court in HUDA Vs. Sunita 2005 (2) SCC 479 with the liberty to the respondents to approach the appropriate forum.”

3.      Consequently, we accept all the above 5 Revision Petitions.  We set aside the orders passed by the Fora below and give liberty to all the five complainants/respondents, referred above, to get redressal of their grievances in an appropriate Forum.  So far as the question of limitation is concerned, they can seek help from the authority reported in  Laxmi Engineering Works vs. PSG Industrial Institute – (1995) 3 SCC 583.

4.      All the five Revision Petitions stand disposed of.

 

 
......................J
J.M. MALIK
PRESIDING MEMBER
......................
DR. S.M. KANTIKAR
MEMBER

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