National Consumer Disputes Redressal
Improvement Trust & Anr. vs Jaspal Singh Sidhu on 22 August, 2017
NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI REVISION PETITION NO. 2377 OF 2017 (Against the Order dated 05/07/2017 in Appeal No. 297/2017 of the State Commission Punjab) WITH IA/12258/2017 1. IMPROVEMENT TRUST & ANR. THROUGH ITS CHAIRMAN, CHOTTI BARADARI, PATIALA PUNJAB 2. THE EXECUTIVE OFFICER, IMPROVEMENT TRUST, CHOTTI BARADARI, PATIALA PUNJAB ...........Petitioner(s) Versus 1. YOGESH RAI MANGLA S/O. SH. RAM JOGINDER RAI, R/O. OPP. RADHA KRISHAN MANDIR, HIRA MAHAL, NABHA, DISTRICT-PATIALA PUNJAB ...........Respondent(s) REVISION PETITION NO. 2378 OF 2017 (Against the Order dated 05/07/2017 in Appeal No. 297/2017 of the State Commission Punjab) WITH
IA/12258/2017 1. IMPROVEMENT TRUST & ANR. THROUGH ITS CHAIRMAN, CHOTTI BARADARI, PATIALA PUNJAB 2. THE EXECUTIVE OFFICER, IMPROVEMENT TRUST, CHOTTI BARADARI, PATIALA PUNJAB ...........Petitioner(s) Versus 1. NARINDER KUMAR BHALLA S/O. SH. JAI KRISHAN BHALLA, R/O. 247, NEW MEHAR SINGH COLONY,TRIPURI DISTRICT-PATIALA PUNJAB ...........Respondent(s) REVISION PETITION NO. 2379 OF 2017 (Against the Order dated 05/07/2017 in Appeal No. 297/2017 of the State Commission Punjab) WITH IA/12258/2017 1. IMPROVEMENT TRUST & ANR. THROUGH ITS CHAIRMAN, CHOTTI BARADARI, PATIALA PUNJAB 2. THE EXECUTIVE OFFICER, IMPROVEMENT TRUST, CHOTTI BARADARI, PATIALA PUNJAB ...........Petitioner(s) Versus 1. SHEELA GUPTA W/O. SH. SUBASH CHANDER GUPTA, R/O. THATHERIAN STREET, NABHA DISTRICT-PATIALA PUNJAB ...........Respondent(s) REVISION PETITION NO. 2380 OF 2017 (Against the Order dated 05/07/2017 in Appeal No. 297/2017 of the State Commission Punjab) WITH IA/12258/2017 1. IMPROVEMENT TRUST & ANR. THROUGH ITS CHAIRMAN, CHOTTI BARADARI, PATIALA PUNJAB 2. THE EXECUTIVE OFFICER, IMPROVEMENT TRUST, CHOTTI BARADARI, PATIALA PUNJAB ...........Petitioner(s) Versus 1. PARAMJIT KAUR W/O. SH. VED PRAKASH BATISH, R/O. 1469, GHUMARAN WALI GALI, NEAR B TANK, DIVISION NO. 4 DISTRICT-PATIALA PUNJAB ...........Respondent(s) REVISION PETITION NO. 2381 OF 2017 (Against the Order dated 05/07/2017 in Appeal No. 297/2017 of the State Commission Punjab) WITH IA/12258/2017 1. IMPROVEMENT TRUST & ANR. THROUGH ITS CHAIRMAN, CHOTTI BARADARI, PATIALA PUNJAB 2. THE EXECUTIVE OFFICER, IMPROVEMENT TRUST, CHOTTI BARADARI, PATIALA PUNJAB ...........Petitioner(s) Versus 1. SUDESH KUMAR DUGGAL S/O. SH. BIHARI LAL R/O. HOUSE NO. 112-A, ADARSH COLONY DISTRICT-PATIALA PUNJAB ...........Respondent(s) REVISION PETITION NO. 2382 OF 2017 (Against the Order dated 05/07/2017 in Appeal No. 297/2017 of the State Commission Punjab) WITH IA/12258/2017 1. IMPROVEMENT TRUST & ANR. THROUGH ITS CHAIRMAN, CHOTTI BARADARI, PATIALA PUNJAB 2. THE EXECUTIVE OFFICER, IMPROVEMENT TRUST, CHOTTI BARADARI, PATIALA PUNJAB ...........Petitioner(s) Versus 1. VIJAY KUMAR SINGLA & ANR. S/O. SH. VASU DEV SINGLA, R/O. 17 GF, SST NAGAR DISTRICT-PATIALA PUNJAB 2. SMT. NAVNEET W/O. VIJAY KUMAR SINGLA R/O. 17 GF, SST NAGAR DISTRICT-PATIALA PUNJAB ...........Respondent(s) REVISION PETITION NO. 2383 OF 2017 (Against the Order dated 05/07/2017 in Appeal No. 297/2017 of the State Commission Punjab) WITH IA/12258/2017 1. IMPROVEMENT TRUST & ANR. THROUGH ITS CHAIRMAN, CHOTTI BARADARI, PATIALA PUNJAB 2. . . ...........Petitioner(s) Versus 1. K.K. SACHDEVA S/O. SH.AMAR NATH, R/O. 161/3 NEAR SHIV MANDIR, SUNDER NAGAR DISTRICT-PATIALA PUNJAB ...........Respondent(s) REVISION PETITION NO. 2384 OF 2017 (Against the Order dated 05/07/2017 in Appeal No. 297/2017 of the State Commission Punjab) WITH IA/12258/2017 1. IMPROVEMENT TRUST & ANR. THROUGH ITS CHAIRMAN, CHOTTI BARADARI, PATIALA PUNJAB 2. THE EXECUTIVE OFFICER, IMPROVEMENT TRUST, CHOTTI BARADARI, PATIALA PUNJAB ...........Petitioner(s) Versus 1. HARMAL SINGH S/O. SH. GURBAX SINGH R/O. 35-C, RANJIT NAGAR, BHADSON ROAD DISTRICT-PATIALA PUNJAB ...........Respondent(s) REVISION PETITION NO. 2385 OF 2017 (Against the Order dated 05/07/2017 in Appeal No. 297/2017 of the State Commission Punjab) WITH IA/12258/2017 1. IMPROVEMENT TRUST & ANR. THROUGH ITS CHAIRMAN, CHOTTI BARADARI, PATIALA PUNJAB 2. THE EXECUTIVE OFFICER, IMPROVEMENT TRUST, CHOTTI BARADARI, PATIALA PUNJAB ...........Petitioner(s) Versus 1. USHA SOOD W/O. SH.VINOD KUMAR SOOD, R/O. 5281/1, ARORRIAN STREET, DISTRICT-PATIALA PUNJAB ...........Respondent(s) REVISION PETITION NO. 2386 OF 2017 (Against the Order dated 05/07/2017 in Appeal No. 297/2017 of the State Commission Punjab) WITH IA/12258/2017 1. IMPROVEMENT TRUST & ANR. THROUGH ITS CHAIRMAN, CHOTTI BARADARI, PATIALA PUNJAB 2. . . ...........Petitioner(s) Versus 1. GURMAIL KAUR W/O. SH. S.RAVINDER SINGH, R/O. GURU GOBIND SINGH NAGAR, NEW COURT ROAD, ST. NO. 4, DISTRICT-MANSA PUNJAB ...........Respondent(s) REVISION PETITION NO. 2387 OF 2017 (Against the Order dated 05/07/2017 in Appeal No. 297/2017 of the State Commission Punjab) WITH IA/12258/2017 1. IMPROVEMENT TRUST & ANR. THROUGH ITS CHAIRMAN, CHOTTI BARADARI, PATIALA PUNJAB 2. . . ...........Petitioner(s) Versus 1. SAMARPREET SINGH S/O. SH. KANWARJIT SINGH, THROUGH HIS POWER OF ATTORNEY SMT. RAJINDER KAUR D/O. JASWANT SINGH R/O. VILLAGE DARGAPUR, TEHSIL NABHA DISTRICT-PATIALA PUNJAB ...........Respondent(s) REVISION PETITION NO. 2388 OF 2017 (Against the Order dated 05/07/2017 in Appeal No. 297/2017 of the State Commission Punjab) WITH IA/12258/2017 1. IMPROVEMENT TRUST & ANR. THROUGH ITS CHAIRMAN, CHOTTI BARADARI, PATIALA PUNJAB 2. THE EXECUTIVE OFFICER, IMPROVEMENT TRUST, CHOTTI BARADARI, PATIALA PUNJAB ...........Petitioner(s) Versus 1. KANTA JINDAL W/O. PAWAN JINDAL, R/O. BHAK BAZAR DISTRICT-PATIALA PUNJAB ...........Respondent(s) REVISION PETITION NO. 2389 OF 2017 (Against the Order dated 05/07/2017 in Appeal No. 297/2017 of the State Commission Punjab) WITH IA/12258/2017 1. IMPROVEMENT TRUST & ANR. THROUGH ITS CHAIRMAN, CHOTTI BARADARI, PATIALA PUNJAB 2. . . . . ...........Petitioner(s) Versus 1. JASPAL SINGH SIDHU S/O. LT. SH. SAWAN SINGH R/O. HOUSE NO. 2090, OLD LAL BAGH STREET, DISTRICT-PATIALA PUNJAB ...........Respondent(s) BEFORE: HON'BLE MR. JUSTICE D.K. JAIN,PRESIDENT HON'BLE MRS. M. SHREESHA,MEMBER For the Petitioner : Mr. Neeraj Sharma, Advocate Mr. Jugul Kishor Gupta, Advocate For the Respondent :
Dated : 22 Aug 2017 ORDER Challenge in this batch of 13 Revision Petitions, by the Improvement Trust, Patiala, and its Executive Officer is to the orders, all dated 05.07.2017, passed by the Punjab State Consumer Disputes Redressal Commission at Chandigarh (for short "the State Commission") in Miscellaneous Applications No.1216, 1217, 1218, 1219, 1220, 1221, 1222, 1223, 1224, 1225, 1226, 1227, 1228 of 2017 in First Appeals No. 297, 298, 299, 300, 301, 302, 303, 304, 305, 306, 307, 308 and 338 of 2017 respectively. By the said orders, the State Commission has declined to extend the time granted to the Petitioners, vide its orders dated 09.05.2017, for deposit of 50% of the awarded amount as a condition precedent for stay of the orders, dated 16.03.2017 and 05.04.2017, passed by the District Consumer Disputes Redressal Forum at Patiala (for short "the District Forum") in Consumer Complaints No. 226/2015, 224/2015, 295/2015, 311/2015, 154/2016, 304/2015, 310/2015, 294/2015, 236/2015, 252/2015, 274/2015, 275/2015 and 273/2015 respectively. According to the State Commission, extension of time, as prayed for in the Applications, will amount to recall/review of its earlier orders dated 09.05.2017 and, therefore, in the light of the decision of the Hon'ble Supreme Court in Rajiv Hitendra v. Achyut Kashinath Karekar & Anr., IV (2011) CPJ 35 (SC), it lacks jurisdiction to pass such an order.
Having heard learned Counsel for the Petitioners and bearing in mind the fact that the demand drafts for the amounts directed to be deposited vide order dated 09.05.2017 had already been obtained, though belatedly, we are of the view that the prayer made for extension of time for the deposit(s) deserves to be granted to the Petitioners. We are alive to the fact that the orders impugned in these Revision Petitions were made in the presence of Counsel for the Complainants, but, having regard to the nature of the relief prayed for in these cases, which is primarily discretionary, we feel that issue of notice in these Petitions would not only be an additional financial burden on the Petitioner Trust, a public body, it would also cause unnecessary harassment to them on a trivial issue.
Accordingly, the Revision Petitions are allowed; orders dated 05.07.2017 are set aside; and the Petitioners are granted one week's further time from today to make the requisite deposits, as it is stated that the Appeals are coming up for hearing on 08.09.2017.
All the Revision Petitions stand disposed of in the above terms.
Copy of the order be issued dasti.
......................J D.K. JAIN PRESIDENT ...................... M. SHREESHA MEMBER