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SUDIP AHLUWALIA
Atma Steel Limited – Appellant
Versus
Harveer Singh – Respondent
ORDER
Sudip Ahluwalia, Presiding Member.—This Revision Petition has been filed against the impugned Order dated 10.08.2021 passed by the Ld. State Consumer Disputes Redressal Commission, Uttar Pradesh in FA No.2340 of 1997, vide which, the Appeal filed by the Petitioner was dismissed, and the Order of the Ld. District Forum was upheld.
2. The factual background, in brief, is that the Directors and officers of the Opposite Party were acquainted with the Complainant’s late father, Major Dara Singh, and maintained a close relationship with him. The Director of the Opposite Party visited Kanpur and persuaded the Complainant and his father to deposit money with their Company as a form of security. The Opposite Party assured them that the funds collected from the general public would be used to pay interest to depositors. For those who did not opt for regular payments, the accrued interest would be added to the principal amount, providing greater benefits to the depositor over time. Based on these assurances from the Director of the Opposite Party, the Complainant deposited a sum of Rs.25,000/- on 15.05.1971. The Complainant made this deposit on the understanding that he could withdraw t
Revisional Jurisdiction – Concurrent decisions of District Forum & State Commission cannot be set aside by this National Commission as it cannot go into re-appreciation of evidence.
Bungalow Buyer’s Agreement – Direction for refund can be passed where agreement between parties has become difficult to be honoured.
“Complaint can be instituted only where all the opposite parties are actually and voluntarily residing.”
National Commission, in exercise of its revisional jurisdiction, is not required to re-assess and re-appreciate evidence on record when findings of lower Fora are concurrent on facts.
1) Petitioner cannot be permitted to adduce new evidence at the revisional stag.2) Petitioner has failed to point any illegality or material irregularity in the order passed by the State Commission, ....
Executing Court – An executing court cannot go behind the decree and must execute the decree as it stands.
Limited Jurisdiction – Commission’s revisional Jurisdiction is limited. Since there were concurrent findings of fact regarding the deficiency of service by both lower courts, and no jurisdictional er....
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