IMPORTANT POINT
Jurisdiction of the State and the National Commission.

Judgment :-

Jagdish Singh Khehar, J.

1. Leave granted.

2. Shyam Kapoor, the respondent herein, preferred a complaint before the District Consumer Forum IInd, Lucknow (hereinafter referred to as the ‘District Forum’), asserting that he had deposited a sum of Rs.5,000/- with the Lucknow Development Authority, i.e., the appellant herein, on 1.12.1982. The aforesaid deposit had been made for allotment of a 6,000 sq. ft. plot in the ‘A’ category under the Gomti Nagar Residential Scheme (hereinafter referred to as ‘the Scheme’). It was alleged, that the Lucknow Development Authority had neither allotted any plot to the respondent-complainant, nor returned the deposit tendered by him. The appellant herein, however, issued a press notice in 1991 requiring persons similarly situated as the respondent-complainant, to deposit an additional amount by January 1992, so as to be eligible for consideration, for such allotment. On account of the fact, that the deposit of the differential amount was imperative for future consideration, the respondent-complainant deposited a further amount of Rs.15,000/- on 30.1.1992. Still, no plot was allotted to the respondent-complainant. On 30.10.1996, Shyam Kapoor, addressed a communication to the Lucknow Development Authority, requiring it to furnish him with details in the matter of allotment of plots. Since the Lucknow Development Authority did not respond to the aforesaid communication, Shyam Kapoor preferred the complaint referred to hereinabove.

3. In its defence, the appellant herein, while admitting the factual position expressed by Shyam Kapoor in his complaint, raised a number of legal/technical objections. The stand of the appellant so as to defeat the claim of the respondent-complainant included a plea, that the complaint was barred by time. It was also contended that the complainant was not a consumer, and as such, the District Forum had no jurisdiction in the matter. Besides the aforesaid, it was asserted by the appellant before the District Forum, that the respondent-complainant had changed his registration from the Scheme under which he had originally applied, and as such, his claim could not be considered on the basis of the original deposit made by him. The entitlement of the respondent complainant for allotment of a plot under the Scheme was also sought to be disputed on the ground that he was unsuccessful in obtaining a loan from a financial institution.

4. Despite the defences raised by the Lucknow Development Authority before the District Forum, the prayers made by the complainant were allowed by an order dated 30.12.2005. The operative part of the order passed by the District Forum is being extracted hereunder :

“Complaint is allowed. The opposite party is directed to allot any developed plot admeasuring 6000 sq. ft. in any scheme Gomti Nagar at the rate prevailing in January 1992 within two months from the date of order and after adjusting the deposited amount in the total amount of the plot and after depositing the remaining amount and complying another formalities hand over the possession after registration. And opposite party pay Rs.1,000/- to the complainant towards cost of case. Other reliefs are rejected.”

5. Aggrieved with the order dated 30.12.2005 (passed by the District Forum), the appellant herein preferred an appeal before the Consumer Disputes Redressal Commission, Uttar Pradesh, Lucknow (hereinafter referred to as the ‘State Commission’). The State Commission having entertained the appeal preferred by the appellant herein, issued notice to the respondent herein on 1.11.2006. While issuing notice, the State Commission stayed the order of the District Forum dated 30.12.2005. Even though notice had been issued, in the appeal preferred by the Lucknow Development Authority, the appellant failed to deposit process fee. Therefore, when the matter was taken up for hearing on 11.5.2007, the State Commission passed the following order:

“As requested learned counsel for the appellants a