Rajasthan Housing Board was opposite party before the District Forum.

          Respondent/complainant filed a complaint before the District Forum which was allowed and District Forum directed the petitioner to pay interest @ 15% on Rs.1,16,250/- from the date of deposit till 07.7.1993; interest @ 15% p.a. on Rs.70,750/- w.e.f. 28.8.1992 to

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07.7.1993; further Rs.42,000/- were awarded as rent @ Rs.1,000/- per month w.e.f. 01.1.1990 to 30.6.1993; Rs. 4,200/- were awarded by way of compensation and Rs.1,000/- by way of costs. 

Petitioner being aggrieved filed an appeal before the State Commission.  State Commission dismissed the appeal as ‘Infructuous’ as the petitioner had already complied with the direction issued by the District Forum.  Hence, present revision petition before us.

On 29.1.1999, State Commission granted Stay subject to deposit of awarded amount within two months and respondent was permitted to withdraw the said amount on furnishing an Undertaking to refund the amount with interest @ 12% in case the appeal succeeds.  In pursuance to the order passed, respondent after furnishing Undertaking dated 01.4.1999 withdrew the amount.  The appeal came up for hearing before the State Commission on 24.1.2006.  State Commission dismissed the appeal as ‘Infructuous’ as the petitioner had already complied with the direction issued by the

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District Forum without adverting to the order dated 29.1.1999 wherein the respondent was permitted to withdraw the amount subject to furnishing of Undertaking to refund the amount along with interest in case the appeal succeeds.  As the amount was deposited by the petitioner which was allowed to be withdrawn by the respondent subject to the result of the appeal, State Commission was not justified in dismissing the appeal filed by the petitioner as ‘Infructuous’.  The appeal was required to be decided on merits and the result in the appeal would have determined rights of the parties in terms of the interim order passed on 29.1.1999. 

For the reasons stated above, order of the State Commission is set aside and the case is remitted back to the State Commission to decide the same afresh on merits in accordance with law.  No costs.

Parties through their counsel are directed to appear before the State Commission on 05.11.2009.