MANMOHAN SINGH DARD Vs. AHUJA SERVICE STATION

JUDGEMENT

(1.) In view of the primal submission of the learned Counsel for the appellant, it is wholly unnecessary to advert to the facts and the merits of the case. It suffices to mention that the appeal is directed against the order of the District Forum, Hisar, wherein the operative part of the relief is in the terms following : - "now we propose to dispose of the complaint to the effect that the complainant Sh. Man Mohan Singh must take delivery of his car from respondent Serving Station and the amount of Rs, 1,000/- deposited by him is to be released to the respondent towards repairing charges as reported by Haryana Roadways Mechanical Officers. We, however, are making clear that in case he doesn't take delivery of said car within 10 days from the date of receipt of this order then respondent would be allowed parking charges Rs.10/- per day and that amount will have to be deposited by him. "

(2.) Mr. Jagdish Manchanda, learned Counsel for the appellant did not in the least assail the merits of the order under appeal. His basic and indeed the only submission was that subsequent to the order, there is some alleged recalcitrance on the part of the respondents to give delivery of the car in the express terms of the aforequoted order of the District Forum. Primarily a mandamus was sought from this Commission that the vehicle be forthwith delivered over to the appellant.

(3.) We are afraid that the submissions of the learned Counsel are somewhat off the mark. Apart from the already noticed fact that no challenge has been laid to the merits of the case, we otherwise find no serious infirmity therein. Once it is so, it would be somewhat manifest that it is not the scope of this appeal nor the province of this Commission to either allegedly enforce the terms thereof or to adjudicate upon matters which are subsequent to the order under appeal and are therefore, completely off the record. It is common ground herein that the sole and basic grievance of the appellant stems from what is alleged to have happened after the rendering of the order under appeal. The submissions of the learned Counsel for the appellant are consequently devoid of merit and are divorced from the existing record.