Complainant/petitioner was allotted a housing unit under a scheme in which a unit is to be provided to the willing persons who had thatched house at Nala Road.  The grievance of the petitioner is that the respondent failed to provide possession of the said unit to him.  According to the respondent, the petitioner had not paid the required instalments to the respondent.  That the petitioner was called to take the possession after depositing all the instalments, but he did not turn up.  Aggrieved by this, the petitioner filed complaint before the District Forum.

          District Forum allowed the complaint and directed the respondent to pay Rs.20,000/- to the petitioner as compensation, Rs.1,000/- as costs and directed the respondent to provide possession of the unit to the petitioner and the petitioner was directed to pay the required remaining instalments to the respondent. 

          Respondent accepted the order of the District Forum.  Petitioner preferred appeal before the State Commission seeking enhancement of compensation.

          State Commission, instead of either rejecting or allowing the prayer made by the petitioner, reversed the order of the District Forum without there being any appeal by the respondent with the following observations :

“…… As the complainant did not abide by the conditions inasmuch as he did not pay the instalments, did not execute the agreement and also did not take possession of house, which was to be taken over by 30.06.1997, the consumer dispute filed by him in November 2002 should not have been entertained at all as he had absolutely no cause of action to bring the dispute against the opposite party and the opposite party was in no way deficient in providing service to him.”

          State Commission, without there being any appeal by the respondent, has set aside the order of the District Forum and dismissed the complaint.  This, in my considered view, is illegal.  In an appeal filed by the petitioner, an order adverse to the petitioner could not have been passed. 

          Accordingly, the order passed by the State Commission is set aside and that of the District Forum is restored.  Revision Petition stands disposed of accordingly.