The court emphasized the necessity for procedural compliance and natural justice in penalties under the Consumer Protection Act.

1. The instant Execution appeal has been filed under S.73 of the Consumer Protection Act, 2019 by the Greater Noida Industrial Development Authority, District Gautam Budh Nagar against the order passed by the learned District Consumer Commission, Gautam Budh Nagar in Execution Case No. 8/2015 dated 7.1.2023 by which the learned District Consumer Commission adjudged the C.E.O. of Greater NOIDA Authority is guilty of non - compliance of the order of Honourable NCDRC and sentenced her an imprisonment of one month and imposed a fine for Rs.2,000.

2. Being aggrieved with the impugned order the appellant Greater NOIDA Industrial Development Authority has come up in appeal and has prayed for the following relief:
"It is therefore most humbly prayed that Hon'ble Commission may be graciously pleased to call for the records of the case and allow the Appeal of the Appellant with cost throughout and set aside impugned Order under challenge of the learned District Forum and may pass such further orders as deem fit and proper in the circumstances of the case."

3. Briefly stated the facts of the case are that the respondent / complainant instituted a complaint case No. 51/2005 against the appellant before the learned District Consumer Commission, Gautam Budh Nagar for allotment of plot admeasuring 2500 sq. mtr and also prayed for compensation and cost of the case. The complaint was contested by the appellant and who submitted that the complainant vide application dated 6.1.2001 applied for allotment of industrial plot of 500 to 1000 mtr. for automobile workshop and deposited registration money for the same. The complainant was not allotted the said plot; hence he filed the time barred complaint before the District Consumer Commission, Gautam Budh Nagar. The complaint was allowed by the District Consumer Commission vide judgment and order dated 8.12.2006 and directed the Authority to allot a plot of 1000 sq. mtr. to 2500 sq. mtr. and also awarded Rs.1,500 and Rs.2,000 as compensation and cost of the case respectively.

4. The appellant preferred an Appeal against the impugned judgment and order before this Commission being Appeal No. 106/2007 which was allowed vide judgment and order dated 21.12.2010 by which the impugned judgment of learned District Consumer Commission was modified with a direction to the appellant for refund of deposited amount of Rs.20,000 to the complainant along with interest at the rate of 6% from date 6.1.2001. The appellant in compliance of the said judgment vide its letter dated 1.4.2013 sent a cheque No. 229610 dated 22.3.2013 drawn on Bank of Baroda of Rs.34,696 to the complainant.

5. The complainant against the judgment of this Commission preferred a Revision Petition No. 892/2011 before the Hon'ble National Commission. The Hon'ble National Commission vide its judgment dated 30.5.2014 set aside the judgment passed in appeal by this Commission and modified the judgment of the District Consumer Commission and passed the following order:
"........ Based on the discussion above, it is held that the order passed by the State Commission is not based on correct appreciation of the facts and circumstances of the case on record and the same is ordered to be set aside. The District Forum, vide their order, gave direction to the Authority to make allotment of plot of area from 1000 sq. mtr. to 2500 sq. mtr. However, since the petitioner / complainant had stated in his application that he wanted allotment for 500 sq. mtr. to 1000 sq. mtr. The direction given by the District Forum is ordered to be modified to the extent that