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CASE NO.: Appeal (civil)  7562 of 2002

PETITIONER: Haryana Urban Development Authority

RESPONDENT: Dr. Jai Bhagwan & Anr.

DATE OF JUDGMENT: 27/09/2004

BENCH: S. N. VARIAVA & B. P. SINGH

JUDGMENT: J U D G M E N T

S. N. VARIAVA, J.

This Appeal is against a one paragraph Order dated 16th October,  2001 of the National Consumer Disputes Redressal Commission which  reads as follows: "In the case notice was issued to the Respondent  limited to rate of interest only in view of our decision in  H.U.D.A. vs. Darsh Kumar, Revision Petition No. 1197/98,  the Revision Petition is dismissed."

On 16th October 1995, the Respondents were allotted a Nursing  Home site in Sector 23/23A, Urban Estate, Gurgaon for consideration  of Rs.2,145/- per square yard.   On 22nd December, 2003 the  Respondents were then offered an alternate site No. NH-1, Sector 46,  Urban Estate, Gurgaon for consideration of Rs.3,606/- per square  yard.  This was accepted by the Respondents without prejudice to their  rights.  The Respondent then filed a complaint.  On these facts, the  District Forum directed that the alternate site was to be given at the  same rate as the original site.  The District Forum further ordered that  the Appellants shall adjust the amount of Rs.1,82,625/-, deposited by  the Respondents, towards future installments.    

The State Forum dismissed the Appeal and confirmed the Order  of the District Forum.  The Appellants went in Revision before the  National Commission.  The National Commission dismissed the  Revision.    

As the Appellants did not comply with the Orders, an Execution  Application was taken out.  By Order dated 22nd May, 2000 the  Appellants were directed to comply with the Orders and were also  directed to pay interest at 15% per annum on amounts deposited by  the Respondent.   

Against the Order dated 22nd May, 2000, an Appeal was filed  before the State Forum.  The Appeal was dismissed on 3rd November,  2000.

Against the Order of 3rd November, 2000, a Revision was filed  before the State Forum which has been dismissed by the impugned  one paragraph Order.

A perusal of the Order of the National Commission reveals that  the National Commission had not realized that the Revision was  against Orders passed in Execution Proceedings.  It does appear that  the National Commission has mechanically and without application of  mind passed the above mentioned one paragraph Order.  Thus the  Order of the National Commission would normally require to be set

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aside.  We however find that the Orders of the District Forum and  State Forum in the Execution Application are correct and require no  interference.   The Appellants had lost, in the earlier round, up to the  National Commission.  That Order was not appealed against.  Thus  that Order has become final.  The Order directing execution is in  accordance with the earlier Orders.   

Accordingly, we dismiss this Appeal with no order as to costs.