The doctrine of merger dictates that once an appellate forum adjudicates a matter, the appellate order supersedes the lower forum's order, making the lower order non-existent for execution purposes.

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY DIRECTION TO QUASH THE IMPUGNED ORDER PASSED BY HON’BLE NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI IN REVISION PETITION NO.88/2022 DATED 18/01/2024 VIDE ANNEXURE-A AS BEING WITHOUT JURISDICTION, VOID, ILLEGAL, AND HENCE BAD IN LAW, ETC.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE S RACHAIAH

ORAL ORDER

(PER: HON'BLE MR. JUSTICE DK SINGH)

The present writ petition has been filed impugning the order dated 18.01.2024 passed by the National Consumer Disputes Redressal Commission (hereinafter referred to as 'the National Commission') in Revision Petition No.88/2022.

The petitioner is a Company incorporated under the provisions of the Companies Act, 1956 and it is in to Real Estate business.

On 28.06.2008 the respondent entered into an Agreement of Sale with the petitioner for purchase of one house site measuring 30 x 50 i.e., (total 1512.48 square feet). The respondent filed a consumer complaint No.373/2019 on 14.02.2019 before the District Consumer Dispute Redressal Commission (hereinafter referred to as 'the District Commission') Bengaluru, after 11 years from the date of the sale deed. The District Commission vide order dated 23.10.2019 allowed the Complaint No.373/2019 filed by the respondent granting the following reliefs:

"i.The Complaint is allowed in part with cost.

ii. Ops are jointly and severally hereby directed to pay a sum of Rs 5,000/- per month from the date of the sale deed till the date of filing of the complaint as compensation for not providing the water supply connection to each site, garden, water tank, borewell Borewells, swimming pool, walking tracks, sewage, STP, Children Park, Club as promised.

iii. Ops are hereby further directed to provide the above facilities within six months from this date, failing which to pay a sum of Rs 10,000/- per month as compensation till providing the said facilities from the date of complaint to the complainant.

iv. Further Ops are hereby directed to provide the correct dimension CD of site no. 157 sold in favour of the complainant within 30 days and in case the measurement is short of the one mentioned and sold in the sale deed, in favour of the complainant, Ops are directed to compensate him by paying Rs 1,000/- per sq feet in respect of the short measurement.

v. Further OPS is directed to pay Rs 50,000/-towards damages and Rs 10,000/- towards the cost of the litigation and other charges.

vi. OPs are hereby directed to comply with the above order at within 30 days from the date of receipt of this order and submit the compliance report to this forum within 15 days thereafter."

The petitioner being aggrieved by the said order passed by the District Commission filed Appeal No.1582/2019 before the Karnataka State Consumer Disputes Redressal Commission. (hereinafter referred to as 'the State Commission'). The State Commission disposed off the said appeal vide order dated 24.02.2020. The operative part of the said order reads as under:-

"5. It is seen that the sale deed was registered in the year 2009 and the complaint was filed in the year 2019. There is a delay of nearly 10 years in filing the complaint. It is evident that sites were situated at Kolar District and the complaint filed by the complainant before the Bangalore Urban I Additional District Consumer Forum. It is seen that the site was got registered in the year 2009 and the complainant filed a complaint before the District Forum after lapse of nearly 9-10 years stating that there is a shortage of 100 Sq.ft in the site allotted to him.

6. In the circumstances, without going to the formalities let the measurement be conducted for the site registered in favour of the complainant and if there is a deficit of 100 Sq.ft, the same may be compensated by way of paying th