The court clarified the limited scope of powers under Section 17(b) of the Consumer Protection Act and emphasized that any observation contrary to the directions of the Hon’ble Supreme Court shall be of no consequence.

Mr. S.P. Saberwal, Member—Since points of facts and law involved in all the above mentioned revision petitions are identical and these revision petitions arise out of a common order dated 8.2.2000 passed by South District Forum, these revision petitions, with the consent of the parties, have been heard together and are being disposed of by this common order.

2. The above mentioned revision petitions under Section 17(b) of the Consumer Protection Act, 1986 (hereinafter referred to as ‘the Act’) are directed against a common order dated 8.2.2000 passed by South District Forum in 13 complaint cases. The respondents in 13 cases are allottees of plots by Durga Builders. The dispute regarding payment of external development charges and the internal development charges in respect of certain allottees is pending before the Hon’ble Supreme Court.

The Hon’ble Supreme Court had passed an order dated 2.12.1999 in I.A. Nos. 25-27 in C.W. (Civil) No. 113/1996, I.A. Nos. 6-7 in W.P. (C) 477/1996, I.A. Nos. 5-7 in W.P. (C) 792/1996 and I.A. Nos. 4 and 5 in W.P. (C) 876/1996 in case entitled - Okhla Enclave Joint Action Committee etc. v. U.O.I. & Ors., wherein certain directions have been given. The stand of the revision petitioner before the learned District Forum was that the Hon’ble Supreme Court passed orders for the deposit of Rs. 50/- per sq. yard only with the Govt. of Haryana and that too in the account of the coloniser whereas the learned District Forum had directed for deposit of the entire amount of Rs. 600/- per sq. yard with the Govt. of Haryana which was contrary to the directions passed by the Hon’ble Supreme Court. It was also pointed out that vide order dated 30.9.1999 of the Hon’ble Supreme Court, the status quo ante was to be maintained and plots were not to be allotted to any other person till further orders. It was also submitted that the allottees were to make the payment in favour of the coloniser and not the State of Haryana.

3. The learned District Forum passed an order dated 8.2.2000 wherein it was directed :

“The Counsel for the O.P. states that the parties be directed to deposit the remaining amount of development charges with him as the coloniser has deposited the entire remaining amount with the Haryana Government. It is surprising that the final amount of development charges is yet to be finalized by the Government of Haryana and if it is so, how could the coloniser deposit the entire remaining development charges with the Government. Anyway even if it is so this Court shall follow directions as would be passed by the Hon’ble Supreme Court. The next date of hearing is 3.7.2000.

A copy of this order be given to each complainant.”

4. In the revision petitions, stand of the revision petitioner is that impugned order dated 8.2.2000 passed by the learned District Forum is contrary to the directions given by the Hon’ble Supreme Court in its order dated 2.12.1999 and, therefore, the learned District Forum has exceeded its jurisdiction or acted atleast in excess of its jurisdiction which is not vested in it and, therefore, the impugned order dated 8.2.2000 is liable to be set aside.

5. We have heard the arguments advanced by the learned Counsels for the parties and have perused the material placed on record including the orders passed by the Hon’ble Supreme Court of India, copies of which have been placed on record.

6. During the course of arguments, the learned Counsel for the petitioner has submitted that certain observations made in the impugned order dated 8.12.2000 are contrary to the directions as given by the Hon’ble Supreme Court in its order dated 2.12.1999 inasmuch as allottees were directed to pay a sum of Rs. 50/- per sq. yard within 4 weeks from the date of the order to the Govt. of Haryana in the account of the coloniser whereas the learned District Forum has observed that each allottee shall complete payment of development charges for the time being at the rate of Rs. 600/- per sq. yard. Further his contenti