National Consumer Disputes Redressal
Shivani Gupta vs Bathinda Development Authority ... on 15 February, 2023
NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI FIRST APPEAL NO. 13 OF 2019 (Against the Order dated 25/09/2018 in Complaint No. 313/2018 of the State Commission Punjab) 1. SHIVANI GUPTA W/O. SH. SUNISH GUPTA, R/O. 751-B, AGGAR NAGAR, LUDHIANA PUNJAB ...........Appellant(s) Versus 1. BATHINDA DEVELOPMENT AUTHORITY BATHINDA THROUGH ITS ADMINISTRATIVE OFFICER, BDA COMPLEX, BHAGU ROAD BATHINDA PUNJAB 151 001 ...........Respondent(s)
BEFORE: HON'BLE MR. DINESH SINGH,PRESIDING MEMBER HON'BLE MR. JUSTICE KARUNA NAND BAJPAYEE,MEMBER For the Appellant : Mr. Dushyant Tiwari, Advocate with Ms. Supriya Pandita, Advocate For the Respondent : Ms. Zehra Khan, Advocate Dated : 15 Feb 2023 ORDER
1. The present appeal no. 13 of 2019 under section 19 of The Consumer Protection Act, 1986 is in challenge to the Order dated 25.09.2018 of the State Commission in complaint no. 313 of 2018.
2. We have heard the learned counsel for the appellant (the 'complainant') and for the respondent (the 'development authority') and have perused the record.
3. Learned counsel for the complainant submits that the concerned complaint no. 313 of 2018 was partly allowed by the State Commission vide its Order of 25.09.2018. The nub of the case is whether or not the development authority has functioned in accordance with the laid down rules and as per the law, whether or not similar decisions have been taken in respect of similarly situate persons. The development authority has also challenged the same Order of the State Commission vide appeal no. 09 of 2019 in which the complainant is the respondent. Learned counsel submits that he will raise all his issues and contentions and make all his submissions and arguments in the said appeal no. 09 of 2019 in its final hearing and wishes to withdraw the instant appeal no. 13 of 2019.
4. Learned counsel for the development authority agrees that the root of the matter is whether the development authority has functioned in accordance with the laid down rules and as per the law and whether similar decisions have been taken in respect of similarly situate persons.
5. It goes without saying that the functioning of the development authority in the matter will be tested when the appeal no. 09 of 2019 is heard and decided.
6. As such, in the wake of the submissions of the learned counsel, the instant appeal no. 13 of 2019 is dismissed as withdrawn with the observation that the complainant shall be free to raise all his issues and contentions and to make all his submissions and arguments in the appeal no. 09 of 2019.
7. The Registry is requested to send a copy each of this Order to the parties and to their learned counsel immediately. The stenographer is requested to upload this Order on the website of this Commission immediately.
...................... DINESH SINGH PRESIDING MEMBER ......................J KARUNA NAND BAJPAYEE MEMBER