- (1.) Aggrieved by the dismissal of her First Appeal Nos. 645 and 646 of 2013 vide order dated 8.1.2014 by the National Consumer Disputes Redressal Commission, New Delhi, purported to have been filed under Section 21 of the Consumer Protection Act, 1986 (for short "the Act"), against the order dated 30.7.2013 passed by the State Consumer Disputes Redressal Commission, Lucknow in Appeal Nos. 2082 and 2083 of 2010, the appellant has filed these appeals, urging various relevant facts and legal contentions seeking for setting aside the said order.
(2.) The brief facts of the case are stated as under :- The appellant filed a Complaint No. 24 of 1998 before the District Consumer Disputes Redressal Forum, Ghaziabad (for short "the District Forum") against Navchetna Sahkari Awas Samiti Ltd.-the respondent in the original complaint, for not allotting and registering plot No. 114, Village Khoda, Ghaziabad in her name as the Awas Samiti, in a resolution passed by it, cancelled the membership of the appellant from the Navchetna Sahkari Awas Samiti Ltd. in default of payment by her.
(3.) The District Forum vide its order dated 17.10.2003 after conducting an enquiry as provided under the provisions of the Act, accepted the complaint of the appellant and directed the Navchetna Sahkari Awas Samiti Ltd. to allot the said plot in favour of the appellant and also to register the same in her favour within 3 months from the date of the order. Since, there was non compliance of the order dated 17.10.2003, the appellant filed Execution Petition before the District Forum to execute the order and requested it to punish the respondents under Sections 25 and 27 of the Act. In the said case one Gulab Singh (the alleged subsequent allottee of the plot in question) filed an application in the above proceedings for impleadment before the District Forum as he was in the possession of the plot in question, which was allotted by the respondents and a Civil Suit No. 1510 of 2005 filed by him was pending in the Civil Court. The District Forum vide its order dated 13.9.2006 held that the order dated 17.10.2003 is null and void. It was further held by the District Forum that the appellant should approach the Civil Court and only after the rejection of the suit of Gulab Singh in the Civil Court the execution proceedings will be heard by the District Forum and pass appropriate order and rejected the application of impleadment of Gulab Singh.;