LAWS(NCD)-2011-10-22

A K SHARMA Vs. DELHI DEVELOPMENT AUTHORITY

Decided On October 18, 2011
A K SHARMA Appellant
V/S
DELHI DEVELOPMENT AUTHORITY Respondents

JUDGEMENT

(1.) This appeal is filed by Col. A K Sharma against the Delhi Development Authority. The appellant has challenged the order of Delhi State Consumer Disputes Redressal Commission in CC number C -652/1993, passed on 28.2.0006. The Appellant/complainant, Col. Sharma has sought enhancement of the quantum of compensation. In the impugned order, he has been awarded a lump sum compensation of Rs 50,000. During the pendency of this appeal, the appellant/complainant received a cheque for this amount from the DDA and was permitted to encash the same without prejudice to the rights and contentions of the appellant.

(2.) The Delhi Development Authority has thus complied with the impugned order. However, it has not appealed against it. Therefore, the impugned order has acquired finality vis- -vis the respondent/DDA. The consideration of the present appeal is accordingly limited to the question whether the quantum of compensation awarded in the impugned order is adequate or not.

(3.) The appeal has been filed with a delay of 49 days. The explanation given in the application for condonation of delay has been considered. We also note that in the facts and circumstances of this case, the appellant could not have gained in any manner, from this delay. It is therefore, condoned.