Research › Browse › Judgment

Supreme Court of India · body

2019 DIGILAW 1128 (SC)

Mysore Urban Development Authority Represented by Its Secretary v. Sachdeepak Singh Arora

2019-03-29

INDU MALHOTRA, UDAY UMESH LALIT

body2019
ORDER : 1. Leave granted. 2. On 11.02.2019 notice was issued in the matter. We have heard learned counsel for both sides. 3. In the present matter, the District Forum while allowing the complaint had passed the following directions: “.. 2. The respondent shall give the complainant the site measuring 50x80 at the rate fixed earlier by receiving the balance consideration and register it in the name of complainant within two months from the date of this Order. In case of failure, the respondent is liable to pay compensation of Rs.100/-per day from the date of the order until the registration. 3. The respondent shall pay Rs.5,000/-towards the mental harassment and Rs.2,000/-towards litigation expenses. In case of failure, the complainant is liable to get 9% from the date of this order until the realization of entire amount of Rs.7,000/-. 4. If the respondent fails to comply with this order for two months from the date of this order, the respondent is liable to be prosecuted under criminal proceedings for imprisonment and fine as provided under Section 27 of the Consumer Protection Act.” 4. It is a matter of record that the total consideration for the plot in question was Rs.3,03,000/- but a sum of Rs.3,024/- only was deposited at the time of booking of the plot and nothing was deposited after allotment. In the circumstances, the allotment came to be cancelled on 06.01.2005. The District Forum set aside the cancellation and passed the aforesaid directions. 5. The appeal preferred by the appellant came to be dismissed by the National Commission on the ground of delay of 220 days. The revision arising therefrom was again delayed by 45 days. The National Commission did not condone the delay as a result of which the revision was also dismissed. 6. It is thus clear that the matter was not assessed on merits by the State Commission as well as by the National Commission. 7. The appellant definitely has a case and the issue whether the cancellation was justified or not ought to have been gone into by the State Commission as well as by the National Commission. 8. We, therefore, set aside the order passed by the State Commission as well as by the National Commission. The appeal before the State Commission is restored to file. 8. We, therefore, set aside the order passed by the State Commission as well as by the National Commission. The appeal before the State Commission is restored to file. We condone the delay in filing the appeal and direct the State Commission to dispose of the appeal within six months. The parties to appear before the State Commission on 15.04.2019. 9. We have not expressed any opinion on the merits of the matter which will be gone into by the State Commission at appropriate stage. 10. The appeal is allowed in aforesaid terms.