Haryana

StateCommission

RP/86/2015

Sumit Mittal - Complainant(s)

Versus

Smt. Rajni Sharma - Opp.Party(s)

21 Oct 2015

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

Revision Petition No  :  86 of 2015

Date of Institution      :  19.10.2015

Date of Decision       :   21.10.2015

 

Sumit Mittal s/o late Shri H.C. Mittal, Resident of E-323, Kamla Nagar, Agra.

                                      Petitioner

Versus

 

1.      Smt. Rajni Sharma w/o Sh. Shyam Lal Sharma, Resident of Village Sehnoli, P.O. Hassanpur, Tehsil Hotel, District Palwal, Haryana.

Respondent-Complainant

 

2.      M/s Triveni Infrastructure Development Company Limited (Under Liquidation) through The Official Liquidator, attached to Hon’ble High Court of Delhi, 8^th Floor, Lok Nayak Bhawan, Khan Market, New Delhi-110003.

                                      Respondent

 

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

                             Shri B.M. Bedi, Judicial Member.

                             Shri Diwan Singh Chauhan, Member                                                                                                                                         

Present:               Shri Neeraj Sharma, Advocate for petitioner.

 

                                                   O R D E R

 

B.M. BEDI, JUDICIAL MEMBER

 

Challenge in this revision is to the order dated September 24^th, 2015 passed by District Consumer Disputes Redressal Forum, Palwal (for short ‘the District Forum’).

2.      Rajni Sharma-complainant-respondent No.1, filed Consumer Complaint No.359/RBT No.78 of 2010 against M/s Triveni Infrastructure Development Company Limited and others-Opposite Parties. The opposite parties did not contest the complaint and they were proceeded exparte. The District Forum allowed complaint vide order dated April 15^th, 2011 issuing direction to the opposite parties as under:-

“……….the O.Ps are, therefore, jointly and severally directed to refund Rs.4,20,000/- to the complainant alongwith interest @ 8% p.a. from the date of receipt dated 27.2.07 alongwith Rs.25,000/- as compensation for causing her mental agony, harassment and financial loss. The O.Ps shall also pay Rs.5000/- to the complainant as cost of litigation. The order shall be complied with by the OP jointly and severally within 30 days from the date of receipt of copy of this order failing which the O.Ps shall be liable to pay Rs.4,20,000/- with penal interest @ 18% p.a. instead of 8% p.a. besides payment of Rs.25,000/- as compensation and litigation cost of Rs5000/- till order is fully complied with.”    

3.      Execution Application being filed, the opposite parties/Judgment Debtors did not appear despite service. Accordingly, the District Forum vide order dated 04.08.2011 ordered to secure presence of the opposite parties/Judgment Debtors through Non-bailable warrants for 18.08.2011. On 24.09.2015 Shri N.K. Gupta, Advocate appeared on behalf of Opposite Party No.1 & 1-A However, presence of the remaining JDs could not be secured till date due to non-availability of correct addresses and they were ordered to be summoned through non-bailable warrants for 29.10.2015 on furnishing of correct addresses.

4.      The petitioner has assailed the order dated 24.09.2015 taking plea that he was not a party in the case when the complaint was decided.

5.      A perusal of order dated 15.04.2011, whereby complaint was allowed, shows that M/s Triveni Infrastructure Development Company Limited was sued through its Managing Director Sumit Mittal, that is, petitioner in the instant revision. Therefore, the petitioner cannot take the plea that he was not a party in the complaint. The other aspect of the case is that the petitioner has not challenged the order dated 04.08.2011 vide which non-bailable warrants were ordered to be issued and only challenged the subsequent order whereby fresh non-bailable warrants were ordered.

6.      In view of the above, the revision petition is dismissed being devoid of merits.

 

Announced 21.10.2015

(Diwan Singh Chauhan) Member

(B.M. Bedi) Judicial Member

(Nawab Singh) President

CL