NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION

NEW DELHI

REVISION  PETITION NO.    2616    OF   2004

(from the order dated 1.11.04 in Revision Petition No.1476/01

of the State Commission, Delhi)

Maya Devi Rajput                                                … Petitioner

Versus

Suresh Kumar & Ors.                                         … Respondents

REVISION  PETITION NO.    2617    OF   2004

(from the order dated 1.11.04 in Revision Petition No.1753/01

of the State Commission, Delhi)

Maya Devi Rajput                                                … Petitioner

Versus

Prem Singh Verma                                             … Respondent

REVISION  PETITION NO.    2618    OF   2004

(from the order dated 1.11.04 in Appeal No.995/01

of the State Commission, Delhi)

Maya Devi Rajput                                                … Petitioner

Versus

Shyam Singh Saini & Ors.                                  … Respondents

BEFORE :

          HON’BLE  MR. JUSTICE  ASHOK  BHAN,  PRESIDENT

          HON’BLE  MR. B.K. TAIMNI,  MEMBER

For the Petitioner                   :         Mr.S.K. Sharma, Advocate with

                                               Maya Devi Rajput

For the Respondent     :         Mr.Prem Singh Verma, In person

                                               Mr. Rajinder Singh, Registrar in person

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          The State Commission disposed of the revision petition No.995/2001, 1476/2001 and 1753/2001 in the following terms:

         “The abovementioned three appeals arise from the same order and have common facts and are being disposed of together by this common order.

Vide impugned order dated 15.9.2000 the above referred petitioner was sentenced six months simple imprisonment and also to pay fine of Rs.5000/- in each case and in default of payment of fine to further undergo simple imprisonment of one month on account of her failure to comply with the orders of the District Forum passed on 30.6.1997 and 14.7.1997 directing her to refund Rs.10,360/- with 18% interest p.a. from 19.6.95 in the case No.1068/97 of Shyam Singh Saini and Rs.16,000/- with interest @ 18% p.a. from 17.3.93 in case No.269/98 of Baby Arya till the date of refund of the money along with cost of litigation of Rs.1,000/-.  In view of the fact that the main order of the District Forum was not challenged and had obtained finality, we do not find any merit in the petition except to reduce the substantive sentence from six months to three months.”

The petitions are disposed of with the above modification.”

          As per this order, the State Commission reduced the substantive sentence from 6 months’ Simple Imprisonment to                   3 months Simple Imprisonment, as the order of the District Forum in the main case had already attained finality.  The State Commission has written in its order that against the order passed by the District Forum in the main case, no appeal had been field.   In order to ascertain as to whether any appeal was pending against the order of the District Forum dtd.06.6.2000, we had directed the Registrar of the State Commission, Delhi to come present with the file today. 

Sh. Rajinder Singh, Registrar of the State Commission, Delhi has put in appearance and states that the revision petition No.1476/2001 was filed by the petitioners, but the same has not been dealt with at all.  Although, there was some mention that this appeal was converted into revision petition, but there is no specific order converting the appeal into the revision petition.  This, in fact, is contrary to the order of the State Commission because the State Commission in its impugned order has written that no appeal was filed against the order dtd.06.6.2000.  The order is bad in law and the same is set aside.  Cases are remitted back to the State Commission.  The State Commission is directed to dispose of the present cases afresh along with Revision Petition No.1476/2001 filed by the petitioners against the order of District Forum dtd. 06.6.2000.

          Parties are directed to appear before the State Commission on 26.2.2010.

          Since the revision petition are of the year 2001, we would request the State Commission to dispose of the revision petition filed against the execution order as well as the appeal filed against the impugned order dated 06.6.2000 within one month from the date of first appearance.

            Revision petitions stand disposed of in above terms.