AGRA VIKAS PRADHIKARAN Vs. ATUL GOEL

JUDGEMENT

(1.) HEARD Mr.R.K. Gupta, learned Counsel for the appellant. None is present on behalf of the respondent/complainant.

(2.) SINCE it is an old appeal of the year 1996, we proceed to decide it on merit.

(3.) THE present appeal has been preferred against the impugned judgment dated 26.8.1994 passed by the President of the District Consumer Forum, Agra alone. It appears that in the absence of the President, the two members had conducted the proceedings of the Complaint No. 682 of 1992, Sri Atul Goel v. Agra Development Authority, and delivered their separate judgments on 4.6.1992. Whereas, Mr. Nathu Lal Tomar, Member directed the Agra Development Authority to execute the lease -deed in favour of the complainant within 45 days without any direction for payment of the outstanding sum, the other member Smt. Shakuntala Sharma while delivering her conflicting judgment directed for execution of the lease -deed on payment of the balance amount of the price of the plot as outstanding against him. What important to note is that no reference was made to the President at that juncture as perhaps the post of President was lying vacant. However, more than two years after the President Mr. Lokendra Nath Rai alone pronounced his judgment and while agreeing with the judgment of Smt. Shakuntala Sharma delivered his own judgment on 26.8.1994 which has been impugned by the Development Authority on the technical ground that the judgment is not in accordance with the provisions of Section 14(2), (2A) of the Consumer Protection Act. The Section 14(2) and Section 14(2A) provide as follows: