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Supreme Court of India · body

2005 DIGILAW 1567 (SC)

H. P. HOUSING & URBAN DEVELOPMENT AUTHORITY v. SHYAM SINGH NEGI

2005-09-30

A.K.MATHUR, B.N.AGARWAL

body2005
ORDER 1. Heard learned counsel for the parties. 2. Leave granted. 3. The respondent filed a complaint before the District Consumer Disputes Redressal Forum, which was partially allowed and claim for rent @ Rs 2000 per month from 1-1-1991 to 3-11-1993 was disallowed. The said order was confirmed by the State Commission. Thereafter, when the matter was taken to the National Commission by the appellant Authority the rate of interest was reduced from 18 per cent to 12 per cent, but it was directed in the operative portion of the judgment that the complainant shall be entitled to rent @ Rs 2000 per month for the period i.e. from 1-1-1991 to 3-11-1993. This claim made by the respondent was rejected by the District Consumer Disputes Redressal Forum and the rejection was upheld by the State I Commission. The respondent did not challenge the said portion of the order and the same attained finality. Before the National Commission, no revision was preferred by the respondent challenging the said portion of the order. In this view of the matter, we are of the opinion that the National Commission was not justified in granting rent @ Rs 2000 per month from the period 1-1-1991 to 3-11-1993. 4. Accordingly, the appeal is allowed in part and while upholding the other portion of the order passed by the National Commission, we set aside its order awarding rent @ Rs 2000 per month from 1-1-1991 to 3-11-1993. No costs.