ORDER 1. Leave granted. This appeal is directed against the order of the National Consumer Disputes Redressal Commission dated 29-11-2001 whereby First Appeal No. 494 of 1995, filed by the petitioner, Bihar State Housing Board against the order of the State Commission, Bihar dated 6-7-1995 has been dismissed on the ground that the Housing Board has not complied with the earlier order of the Commission dated 8-2-1996. The Housing Board was required to pay to the respondent certain amounts in terms of the said order dated 8-2-1996. 2. It is represented before us that the order dated 8-2-1996 had been fully complied before the impugned order dated 29-2-2001 was made and the payment to the respondent had already been made in terms of the order dated 8-2-1996. The learned counsel for the petitioner has produced before us a chart according to which the entire payment had been made to the respondent in terms of the order dated 8-2-1996. We make it clear that if it is otherwise, it would be open to the respondent to bring it to the notice of the Commission. 3. Further, the learned counsel for the respondent points out that in the challan dated 2-3-1996, the Housing Board had incorporated illegal and unauthorised conditions while purporting to make payment in terms of the order of the Commission. One such condition imposed is that in case of amount being returned, the Housing Board will not consider the application of the applicant in future. Another condition is that the amount to be refunded would be adjusted from the refund of deposit of earnest money. Yet another condition is that the name of the applicant should be removed from the list concerned. The learned counsel for the Board fairly states that these conditions should not have been put and the only condition ought to have been that the payment would be subject to final decision of First Appeal No. 494 of 1995 pending before the National Consumer Disputes Redressal Commission. We direct that the conditions in the challan of 2-3-1996 would not be applicable. The payment would be subject to the final outcome of the aforesaid appeal. 4. In view of the aforesaid, we set aside the impugned order dated 29-11-2001 and restore First Appeal No. 494 of 1995 to the record of the Commission to be decided by the National Consumer Disputes Redressal Commission in accordance with law.
The payment would be subject to the final outcome of the aforesaid appeal. 4. In view of the aforesaid, we set aside the impugned order dated 29-11-2001 and restore First Appeal No. 494 of 1995 to the record of the Commission to be decided by the National Consumer Disputes Redressal Commission in accordance with law. The appeal is disposed of accordingly.