PHOOLCHAND ARYA Vs. RAJASTHAN HOUSING BOARD

JUDGEMENT

(1.) Heard.1. By its order dated 27.6.1992 made in appellant's Complaint No.1132/1990, the Forum, allowing the complaint of the appellant, had directed the respondent to deliver the possession of the house allotted to him within two months and also to pay a sum of Rs.2,000/- to him as compensation for mental agony. The said basic order has admittedly become final between the parties.

(2.) Since the respondent did not comply with the aforesaid basic order, the appellant moved an Application No.111/1992 for enforcement of the basic order. While deciding this application vide order dated 29.3.1994, the Forum directed that the cost of the house from the appellant be charged in the same manner as was charged from other allottees of house of similar category. Such order made by the Forum was challenged by the appellant in Appeal No.545/1994. This Commission set aside the order of the Forum dated 29.3.1994 and directed the Forum to decide the application of the appellant under Sec.27 of the C. P. Act, 1986 (the Act ). The said application has now been decided by the Forum vide its order dated 8.8.1996, which is under appeal.

(3.) By the impugned order the Forum has levied penalty of Rs.3,000/- upon the respondent. The learned Counsel for the respondent has stated at Bar that the aforesaid amount of Rs.3,000/- has already been deposited by the respondent with the Forum.