SOUTHERN CONSTRUCTIONS Vs. A.S.JAHANGIR
TAMIL NADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Southern Constructions Rep. by its Proprietor Ramadoss, Chennai
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N.KANNADASAN, J. -
(1.) The appellant is the opposite party and the respondent is the
complainant before the District Forum.
(2.) The above appeal is filed as against the order passed in
OP.No.516/2001 dt.19.11.2002 of the District Forum, wherein a direction
is given, which is as follows:
In the result, the opposite party is directed to provide proportionate
undivided share of land to the complainant, after demolishing the 4th
floor which was constructed illegally, with compensation of Rs.1,00,000/-
and cost of Rs.1000/-. Time for compliance one month, failing which the
complainant is at liberty to take proceedings for arrest of the opposite
party under Sec.27 of CP Act.
(3.) The main grievances of the appellant is to the effect that when the
complaint was pending before the District Forum, the complainant has
approached the Honble High Court and there are several other
subsequent developments including an order of Regularisation passed by
the CMDA, and as such the District Forum ought not to have rendered any
finding without looking in the subsequent events. In this connection, the
learned senior counsel has pointed out that a petition in CMP No.322/2002
was filed to reopen the Original Petition, wherein a plea is raised to
the effect that during the pendency of the complaint, the CMDA has passed
an order on Regularisation of the alleged construction of 4th floor.
According to the learned senior counsel, the petition was dismissed on
12.11.2002, by holding that the order was reserved in the main petition
long back. Subsequently, according to the learned counsel, the District
Forum has later on passed order in the main OP on 19.11.02, without
rendering any finding on the averments raised in CMP.322/2002, more
particularly the order passed by the CMDA, regularising the 4th floor by
proceedings dt.5.6.2002. The learned counsel has also pointed out that on
every occasion, subsequent orders were passed by the High Court, only at
the instance of the complainant.;
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