NCDRC

NCDRC

RP/2273/2006

PUNJAB URBAN DEVELOPMENT AUTHORITY - Complainant(s)

Versus

SURINDER KAUR - Opp.Party(s)

MR. S.K. PABBI

15 Nov 2010

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 2272 OF 2006
 
(Against the Order dated 21/12/2005 in Appeal No. 1110/2005 of the State Commission Punjab)
1. PUNJAB URBAN DEVELOPMENT AUTHORITY
ESTATE OFFICER ,PUDA COMPLEX
BATIHINDA
-
...........Petitioner(s)
Versus 
1. HARWINDER SINGH
H. NO. 415. WARD NO 6. NEAR. D.A.V. COLLOGE COMPLEX, MALOUT. DIS -
MUKTSAR
-
...........Respondent(s)
REVISION PETITION NO. 2273 OF 2006
 
(Against the Order dated 21/12/2005 in Appeal No. 1111/2005 of the State Commission Punjab)
1. PUNJAB URBAN DEVELOPMENT AUTHORITY
ESTATE OFFOCER . PUDA COMPLEX , BATHINDA.
-
-
...........Petitioner(s)
Versus 
1. SURINDER KAUR
H . NO. M- 178, GURU HARKISHAN NAGATR , PASCHIM VIHAR ,
NEW DELHI
-
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE ASHOK BHAN, PRESIDENT
 HON'BLE MRS. VINEETA RAI, MEMBER

For the Petitioner :Mr. Prahlad Kumar, ADv. for MR. S.K. PABBI, Advocate
For the Respondent :Mr. Ajit Kumar, ADv. for -, Advocate

Dated : 15 Nov 2010
ORDER

This common order shall dispose of both the Revision Petitions since the facts are the same and the point of law involved is the same.  Facts are being taken from Revision Petition no.2272/2006.

 

-2-

          In narrow compass, the dispute involved between the parties is that the complainants were allotted their respective plots by the petitioner.  Respondents approached the petitioner for cancellation of the plots and refund of the deposited money as the petitioner had failed to provide the basic amenities.  The amount was not refunded.  Aggrieved by this, complainants filed the complaint before the District Forum.

          District Forum vide its order dated 12.4.2005 allowed the complaint and directed the petitioner to return the deposited amount with interest @ 12% p.a. along with compensation of Rs.10,000/-.

          Aggrieved against the order passed by the District Forum, petitioner filed appeals before the State Commission.  The State Commission disposed of the appeals by directing the petitioner to refund 98% of the amount along with interest @ 12% p.a.  The amount of compensation was increased from Rs.10,000/- to Rs.25,000/-.

          Aggrieved by the order passed by the State Commission, present revision petitions have been filed.

 

-3-

          Counsel for the petitioner states that the awarded amount along with interest has already been paid to the respondents.  Dispute regarding the refund of the amount is not contested.  The only point contested by the counsel for the petitioner is that the State Commission could not increase the amount of compensation from Rs.10,000/- to Rs.25,000/- in absence of any appeal by the respondents; that the State Commission could not pass an order adverse to petitioner in its own appeal.

          We find substance in this submission.  The respondents had not filed any appeal before the State Commission seeking enhancement of the compensation.  In the appeals filed by the petitioner, an order adverse to the petitioner could not be passed and, therefore, the State Commission has erred in increasing the amount of compensation from Rs.10,000/- to Rs.25,000/-.  The order of the State Commission is modified and the direction given by the State Commission increasing the amount of compensation from Rs.10,000/- to Rs.25,000/- is set aside.  Petitioner would be liable to pay only Rs.10,000/- as compensation to the respondents.

-4-

          Subject to the modification indicated above, the revision petitions are dismissed.    

 

 
......................J
ASHOK BHAN
PRESIDENT
......................
VINEETA RAI
MEMBER

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