DHARAMPAL Vs. HARYANA URBAN DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The present Appeal has been filed by the Complainant against the order dtd. 23/7/2013 of the State Consumer Disputes Redressal Commission, Haryana, Panchkula (for short "the State Commission") in Complaint No.55 of 2013. This case has a chequered history.

(2.) The admitted facts of the case are that the Appellant (hereinafter referred to as "the Complainant") had initially filed Complaint No.103 of 2005 relating to the issues qua allotment of flat No.2291, Sector 23, Sonepat vide memo No.13284 dtd. 14/6/2002. That Complaint was decided by the District Forum vide order dtd. 2/6/2006, whereby the said Complaint had been allowed. The Respondents (hereinafter referred to as "HUDA") filed Appeal No.2554 of 2006 before the State Commission challenging the order of the District Forum dtd. 1/6/2005 and the said Appeal was dismissed by the State Commission vide order dtd. 31/3/2010. Against the dismissal order of the State Commission, HUDA preferred Revision Petition before this Commission which was registered as Revision Petition No.641 of 2011 and was dismissed vide order dtd. 27/4/2011. Dissatisfied with the order of this Commission, HUDA filed an Appeal before the Hon'ble Supreme Court which was registered as SLP (Civil) No.15192 of 2011 and the said Appeal was also dismissed by the Hon'ble Supreme Court vide its order dtd. 19/9/2011. These facts show that the order of the District Forum dtd. 2/6/2006 in Complaint No.103 of 2005 flat No.2291, Sector 23, Sonepat attained finality.

(3.) After two years of the decision of the Hon'ble Supreme Court on his previous Complaint No.103 of 2005, the Complainant filed fresh Complaint No.55 of 2013 before the State Commission. The State Commission had disposed of the said Complaint vide its order dtd. 23/7/2013 holding that the matter cannot be reopened by the Complainant by filing the present Complaint since all his contentions raised in earlier Appeal stood decided by the District Forum and the order of the District Forum had attained finality by the dismissal of the Appeal of HUDA by the Hon'ble Supreme Court.