Back
A. P. SAHI
New Okhla Industrial Development Authority – Appellant
Versus
Noida Management System Pvt. Ltd. – Respondent
ORDER
The Appeal arises out of an Order dated 04.04.2013 passed during execution in Execution Petition No.12/2012 arising out of Complaint No.20/2010 decided by the State Consumer Disputes Redressal Commission, U.P. on 27.09.2011.
2. A development took place immediately thereafter. The file was processed by the Appellant Authority and a proposal was made to prefer an Appeal against the Order of the State Commission. On 12th of December, 2011, the Complainant moved an application before the Appellant Authority that since the allotted plot could not be delivered as the encroachment had not been removed, hence an alternative equivalent plot be allotted. In that event, the Complainant offered to waive off the demand of 18% interest and the damages of Rs.10 lacs as awarded by the State Commission. The said letter dated 12.12.2011 as translated by the Appellant is extracted hereunder:—
“To,
Hon’ble Chief Executive Officer, Noida
Sub: Consent letter for allotment of another plot equal to Industrial Plot No. B-7, Sector-68.
Sir,
It is requested that the Applicant was allotted Industrial Plot No B-7, Sector 68, area 4000 square meter for I. T. Project on 08.01.2007, the lease deed of whi
Executing Court - The Executing Court did not choose to investigate these allegations or attempt to record any finding of coercion, undue inference or pressure being exercised by the Appellants.
Settled law that Executing Courts cannot go behind the Decree
Consumer Commission retains jurisdiction over complaints despite IBC proceedings, affirming consumer rights in property allotment without requiring a physical allotment letter.
Cancellation of allotment of plot – No deficiency in service as no claim for allotment of alternative plot made by Complainant.
The main legal point established in the judgment is the jurisdiction of the State Commission under the Consumer Protection Act and the power of the High Court under Article 227 of the Constitution of....
Appeal Execution – The impugned Order against which the present Appeal Execution has been filed cannot be termed to be an Order passed under Section 17 of the Consumer Protection Act, 1986 at all.
Non-availability of the Occupancy/Completion Certificate points to the deficiency on the part of the Appellant.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
