Case nº Revision Petition No. 3175 of 2014 of National Consumer Disputes Redressal Commission, August 25, 2014 (case Meerut Development Authority Vs Devki Nandan Sharma)
|For Appellant:Ranbir Yadav, Advocate
|Ajit Bharihoke, J. (Presiding Member) and Rekha Gupta, Member
|August 25, 2014
|National Consumer Disputes Redressal Commission
Rekha Gupta, Member
Revision Petition No. 3175 of 2014 has been filed against the judgment and order dated 12.02.2014 passed by the Uttar Pradesh State Consume Disputes Redressal Commission, Lucknow ('the State Commission') in Appeal no. 767 of 2005.
The brief facts of the case as per the respondent/complainant are that the respondent has deposited a total sum of Rs. 1,66,131.50 with the petitioner/opposite party for allotment of plot of land under the scheme. The respondent filed a consumer complaint before the District Consumer Disputes Redressal Forum, Meerut ('the District Forum') against the petitioner for refund of the amount in question. The petitioner filed a written statement before the District Forum and opposed the complaint, but it was admitted that the respondent had deposited a sum of Rs. 1,66,131.50 with reference to the allotment of plot and remaining pleadings were not admitted. On hearing the parties, the District Forum perused the record and passed the below-mentioned Order:
"Complaint is allowed and opposite party is ordered that they refund deposited amount of Rs. 1,66,131.50 to complainant along with interest at the rate of 15% per annum from the date of depositing till the date of payment within the period of one month. In addition to this opposite party to pay Rs. 12,000/- as compensation and Rs. 5,000/- as cost of this complaint and if this order is not complied with in case this order becomes absolute, then further proceedings under section 25/27, Consumer Protection Act, 1986 would be initiated against opposite party".
Aggrieved by the order of the District Forum, the petitioner/opposite party filed an appeal before the State Commission. The State Commission while allowing the appeal partially modified the order and set aside the compensation of Rs. 12,000/- and confirmed the rest of the order of the District Forum.
Hence, the present revision petition.
Along with the revision petition an application for condonation of delay has been filed. The number of days of delay have not been mentioned in the application. However, as per the office report, there is a delay of 86 days in filing the present revision petition. The reasons given for the delay are as under:
• On 09.05.2014 the counsel for the petitioner has received the file for filing revision petition before the Hon'ble Commission.
• The documents, i.e., complaint, written statement, affidavit, impugned judgments and the documents filed before the lower form are in Hindi and the same got translated into English. It took much time for translation.
• The undersigned prepared the revision petition and sent the affidavit for...
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