NCDRC

NCDRC

RP/1711/2012

RAJESH KUMAR - Complainant(s)

Versus

STATE OF HARYANA & ANR. - Opp.Party(s)

MR. MADHURENDRA KUMAR

23 Oct 2013

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 1711 OF 2012
 
(Against the Order dated 17/02/2012 in Appeal No. 1687/2008 of the State Commission Haryana)
1. RAJESH KUMAR
S/o Om Prakash R/o H.No-2660/2 Friends Colony
Ambala
Haryana
...........Petitioner(s)
Versus 
1. STATE OF HARYANA & ANR.
through Secretary-Cum- Commissioner,Transport, 30 bays building, 2nd Floor, Sector-17C
Chandigarh - 160 017
Chandigarh
2. Registering Authority
(MV) District Transport Officer, First Floor, Main Bus Stand
Ambala Cantt. - 133 004
Haryana
...........Respondent(s)

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

For the Petitioner :
Mr. Madhurendra Kumar, Advocate
For the Respondent :
Mr. Preshit Surshe, Advocate for
Mr. Ankit Swarup, Advocate

Dated : 23 Oct 2013
ORDER

PER JUSTICE J.M. MALIK, PRESIDING MEMBER       

          Counsel for the parties present.   Arguments heard.

2.      We have already decided this case filed by Rajesh Kumar in case Rajesh Kumar Vs. Govt. of Haryana & Ors. in RP/4679/2012.  As a

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matter of fact, the District Forum had allowed the complaint and granted compensation in the sum of Rs. 2,000/-.  Aggrieved by that order, both the parties filed separate appeals before the State Commission.  The State Commission allowed the appeal filed by the Govt. of Haryana and the appeal filed by Rajesh Kumar was dismissed by the impugned order.

3.      Aggrieved by that order, the complainant filed two revision petitions before this Commission.  Previous petition No. 4679 of 2012 was decided by us on 17.09.2013, wherein the following order was passed:

          “Keeping in view all the facts and circumstances of the case, we are of the considered view that money should be returned to the petitioner/complainant and reasonable costs should be imposed upon the respondent/opposite parties.  The opposite parties and particularly District Transport Authority, Ambala have led the complainant up the garden path.  We, therefore, direct the opposite parties to return Rs. 25,500/- to the petitioner/complainant with interest @ 9% per annum from the date it was deposited till its realization.  Looking at the bizarre conduct of the transport authority we also impose compensation in the sum of Rs. 10,000/- to be paid within 90 days otherwise it will carry interest @ 9% per annum.  This is also made it clear that the entire amount be paid

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within 90 days otherwise it will further carry penalty of Rs. 100/- per day till realization”.

4.      Now, Rajesh Kumar in the second revision petition has asked for enhancement of the compensation from Rs. 2000/-, which we have already done.

5.      In view of the revision petition No. 4679/2012, this revision petition has become infructuous.  No force.   Dismissed.

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

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