BEFORE THE RAJASTHAN STATE CONSUMER

DISPUTES REDRESSAL COMMISSION, JAIPUR

FIRST APPEAL NO: 213/2022

K.R Jingar, Resident Engineer, Rajasthan Housing Board, Circle.

Ajmer Dist. Ajmer.

(Transferred from Ajmer on dt. 22.08.2017, At present posted at

Jodhpur)

V.L Mathur, Project Engineer, (Senior), Rajasthan Housing

Board, Circle. Ajmer Dist. Ajmer.

(Retired on 31.05.2016)

Ashok Jain,(I.A.S.), Chairman, Rajasthan Housing Board,

Jaipur.

(Transferred on dt. 05.02.2016 From RHB, later on Retired from

Govt. of Rajasthan on 31.05.2016)

-----Appellants/Opposite parties

Vs.

Pradeep Kumar Sharma s/o Shri Shrikant Sharma, r/o House

No.2, Somnath Colony, College road, Bewar, Dist. Ajmer.

---Respondent/complainant

Date of Order 04.11.2022

Before:

Hon'ble Mr. Devendra Kachhawaha- President

Hon'ble Mr. Atul Kumar Chatterjee – Member Judicial

Hon'ble Mr. Shailendra Bhatt- Member

Present:

Mr. R.K. Sharma learned counsel for the appellants

Mr. Sunil Sharma learned counsel for the respondent

BY THE STATE COMMISSION (PER HON'BLE MR.

DEVENDRA KACHHAWAHA, PRESIDENT)

Present appeal was filed by Mr. R.K. Sharma under section 72

of the Consumer Protection Act 2019 in regard order dated 26

April 2022 passed in Execution Application No. 18/2016 titled

as Pradeep Kumar Sharma v/s K.R. Jingar and others.

Brief facts of the case are following-

Respondent/complainant has filed a complaint before learned

DCC, Ajmer titled as Pradeep Kumar Sharma v/s Rajasthan

Housing Board and others and registered as Complaint Case

No. 240/2012. That complaint was allowed in favour of

complainant and against the non-petitioners vide judgment

dated 23.02.2015. Since, order was not complied with an

execution petition was filed on 27.07.2016 and same was

registered as M.A/18/2016 against the appellants/opposite

parties. At the time of service respondent No. 1 the (appellant

no.1) was posted as Resident Engineer to Rajasthan Housing

Board Ajmer, appearance have been put up by way of filing

power through an advocate. Against the judgment passed by

DCC. Appeal was preferred before State Commission which

was registered as F.A No. 416/2015. This fact came in the

knowledge of appellant on 27.07.2016, thus Revision Petition

had been filed before Hon’ble National Commission, New

Delhi which was registered as RP/3153/2016 and ultimately

dismissed on 23.05.2019. Thereafter, special leave to appeal

had been preferred before Hon’ble Apex Court, and was

registered as SLP (Civil) No. 37523/2019. Same was also

dismissed on 25.10.2019. As per order dated 26.04.2022

direction given by the District Consumer Commission was

complied with and possession of allotted house has been taken

by complainant on 20.04.2022 but as per complainant direction

of DCC was not complied with, because the construction is not

habitable. Complainant mislead the District Commission to

hold the further proceedings thereafter certain directions have

been issued whereby the counsel of department was instructed

to secure the presence of all the opposite parties on next date of

hearing which was scheduled to be held on 26.05.2022 for

further proceedings under chapter 21 of the Criminal Procedure

Code Aggrieved by that order present appeal was filed on the

various grounds. After filing of appeal notices were issued to

opposite party/complainant Pradeep Kumar Sharma. Record

call from DCC.

Heard both the parties.

Learned counsel for appellant stated that as per section 38 (9) of

Consumer Protection Act 2019 District Commissions shall have

the same powers as are vested in civil courts under Civil

Procedure Code 1908. It is further stated that the execution

proceeding was filed beyond limitation and as per section 3 of

the Limitation Act it is duty of court that despite the fact that no

objection in regard to limitation is raised by the opposite party

the court/commission itself shall determine that whether matter

was submitted with

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