- (1.) Aggrieved by the order dated 15.2.1997 (Annexure-3 to the writ petition) passed by the District Consumer Protection Forum, Allahabad (hereinafter called as Forum ), the respondent No. 1 in Proceeding No. 986/656, arising out of the complaint No. 1074 of 1995, the petitioners have moved this Court under Article 226 of the Constitution of India with the prayer to issue writ, order or direction in the nature of the certiorari for quashing the same and staying the further proceedings of complaint No. 1074 of 1995.
(2.) We have heard Mr. B.B. Paul, learned Counsel for the petitioners and Mr. A.A. Khan and Mr. Kamleshwar Singh for the respondents.
(3.) It appears from the record that the respondent No. 2 namely Manoj Kumar Singh was allotted plot No. 9 by the petitioner No. 1 in Deoghat-Jhalwa Scheme, but in spite of the payment of price of the plot the possession was not given to him. He filed complaint No. 1074 of 1995 before the Forum, which was decided on 5.7.1996 and the petitioners were ordered to refund the amount paid by the respondent No. 2 along with interest at the rate of 15 per cent per annum within the specified period and after that 18 per cent per annum, copy of order is Annexure-1 to the writ petition. Aggrieved by the said order of the Forum the petitioners preferred appeal before the State Commission under Section 15 of the Act, which is pending. In the meantime, the respondent No. 2 moved application under Section 25 of the Consumer Protection Act, 1986 (hereinafter referred as the Act ) for execution of the order passed by the Forum and the Forum passed under Section 27 of the Act, copy of which is Annexure-3 to the writ petition. By the impugned order, the Secretary of the Allahabad Development Authority in addition to the fine of Rs. 5,000 only and for execution of the penalty, it was directed that the proceedings under Section 25 of the Act be started.;