ROURKELA DEVELOPMENT AUTHORITY Vs. RUPASHREE DAS

JUDGEMENT

(1.) In the original C. D. Case the District Forum directed for allotment of a house in question in favour of the complainant within specified period. The appeal of the R. D. A. against that order vide C. D. Appeal No.143/1999 disposed of on 24.11.2000 was dismissed and the Authority was directed to refund a sum Rs.4,16,000/- to the complainant with 16 per cent interest per annum calculated on the amount deposited respectively on different dates.

(2.) Mr. Mohapatra, the learned Counsel for the R. D. A. moved to recall that order in a misc. case vide Misc. Case No.102/2001 on the ground that two important letters of the complainant indicating therein that she was interested to take the possession of the house in question could not be brought to the notice of this Commission while arguing the appeal and had it been so brought, the judgment would have been otherwise. Appreciating the case of the R. D. A. that the complainant once agreed to take possession of the house and that this Commission did not consider the materials i. e. two letters of the complainant, by our order dated 16.11.2001 we recalled our order and placed the matter for fresh hearing and disposal.

(3.) C. D. Revision No.17/2001 which was filed by the R. D. A. is against the order of the District Forum in the Execution Case No.25/1999 in which the complainant sought to execute the order of the District Forum for not giving delivery of possession within the stipulated time. This Commission passed an interim order in that C. D. Revision Case on 22.6.2001 and the said order also has been recalled.