HUDA Vs. MAJOR K.L. MONGA
LAWS(NCD)-2012-10-45
NCDRC
Decided on October 09,2012

HUDA Appellant
VERSUS
MAJOR K.L. MONGA Respondents


Referred Judgements :-

LATA CONSTRUCTION AND ORS. VS. DR. RAMESHCHANDRA RAMNIKLAL SHAH AND ANR. [REFERRED TO]
ANSHUL AGGARWAL V. NEW OKHLA INDUSTRIAL DEVELOPMENT AUTHORITY [REFERRED TO]
RAMLAL VS. REWA COALFIELDS LIMITED [REFERRED TO]
LUCKNOW DEVELOPMENT AUTHORITY VS. M K GUPTA [REFERRED TO]
KERALA AGRO MACHINERY CORPORATION LIMITED VS. BIJOY KUMAR ROY [REFERRED TO]
HARYANA URBAN DEVELOPMENT AUTHORITY VS. B K SOOD [REFERRED TO]
TRANSPORT CORPORATION OF INDIA LIMITED VS. VELJAN HYDRAIR LIMITED [REFERRED TO]
KAMLABAI NARASAIYYA SHRIMAL VS. GANPAT VITHALRAO GAVARE [REFERRED TO]
CHIEF POST MASTER GENERAL PUNJAB VS. MURLI DHAR [REFERRED TO]


JUDGEMENT

- (1.)We shall decide two revision petitions filed by HUDA, though there is delay of 740 days' in filing revision petition No. 838/2012. The petitioner has challenged the legal validity of the order dated 04.11.2004 rendered by the District Consumer Disputes Redressal Forum, Gurgaon. The said order was confirmed by the State Commission. The principal plea set up by HUDA is that the complaint filed by the complainant/respondent is barred by time under section 24-A of the Consumer Protection Act, 1986.
(2.)Major K.L. Monga, the complainant/respondent applied for allotment of a plot in Defence Quota, in Sector-17, Gurgaon, through respondent No.2, namely, Zila Sainik Board, OP 3, by depositing a sum of Rs.1,000/-. It is alleged that the complainant never applied with the petitioner for any allotment. He never approached the authorities for any allotment of plot and suddenly in the year 2001, after 23 years' from the alleged application, filed Consumer Complaint No. 1422/19.11.2001, before the District Forum, Gurgaon.
(3.)It is alleged that the complainant was not a 'consumer'. However, the District Forum directed that the plot be allotted to the complainant. The order of the District Forum, Gurgaon pertains to 07.07.2004. The complainant filed Execution Application No.260/2004. The Executing Court, vide its order dated 04.11.2004, directed HUDA to allot him a plot of his own choice. It also directed to pay upto date interest, which did not form part of the original order.


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