DIVISIONAL FOREST OFFICER Vs. USHA

JUDGEMENT

(1.) IN this writ petition the petitioner has prayed for quashing the order dated 4-2-01 (Annexure-5) passed by the District Consumer Forum whereby the District Consumer Forum has sought to purportedly execute the order of the Rent Controller dated 22-2-91 directing the petitioner to pay rent to the respondents with interest @ 18% per annum and also compensation for causing mental agony by not paying rent payable by the petitioner according to the order passed by the Rent Controller. A short question has been raised by learned counsel for the petitioner regarding the competence and jurisdiction of the Consumer Forum to execute order of the Rent Controller passed under the provisions of the Bihar Buildings (Lease, Rent & Eviction) Control Act, 1982 (hereinafter referred to as 'the B.B.C. Act').

(2.) MR . M.K. Laik, learned Sr. S.C-I appearing on behalf of the petitioner, submitted that the execution of order of the Rent Controller passed under the provision of B.B.C Act can be enforced only under the specific provisions of the said Act and that the same does not come within the ambit or jurisdiction of the Consumer Forum. The said order directing the petitioner to pay rent with interest and cost etc is, thus, wholly illegal and without jurisdiction. The appellate order dated 7-8-02 (Annexure-6) is not an order on merit. The appeal was dismissed holding the same as time barred. Learned counsel submitted that the Consumer Forum cannot travel beyond the jurisdiction conferred by law and the said impugned order passed by him is nullity and vitiated.

(3.) I have heard learned counsel for the parties and considered their submissions. I have also perused the impugned orders contained in Annexures-5 and 6. Annexure-5 is the order passed by the District Consumer Forum. He, inter alia, has directed the petitioner to pay rent which was earlier fixed and determined by the Rent Controller. He has also awarded interest and compensation for not complying with the order of the Rent Controller and not paying rent fixed by him.