LAWS(NCD)-1993-4-262

PRAWATI SAHOO Vs. NOTIFIED AREA COUNCIL

Decided On April 26, 1993
PRAWATI SAHOO Appellant
V/S
NOTIFIED AREA COUNCIL Respondents

JUDGEMENT

(1.) Complainant has taken a shop-room on rent from the Notified Area Council, Sunabeda. Alleging that she fell in arrears, the Notified Area Council cancelled the permission and locked the shop-room. Complainant approached High Court in writ jurisdiction which was registered as OJ. C. No.3032 of 1990. Hearing both parties, High Court directed that complainant shall deposit the arrear rent by two instalments of Rs.3,000/- as first instalment and the balance as second instalment. Complainant moved the High Court and got extension of time. She deposited Rs.3,000/- and took delivery of the shoproom. Therefore, the balance amount has not been deposited. Whenoppositeparties have cancelled the allotment and seized the shop-room, she has approached this Commission alleging deficiency in service.

(2.) Opposite parties have stated their case that complainant has failed to comply with the order of the High Court and there was no other alternative than to take the action as alleged.

(3.) Since the matter was before the High Court once and on several occasions complainant has approached the High Court and on basis of order of Court she has been given possession, we are not inclined to entertain this complaint giving liberty to complainant to approach the High Court for appropriate orders.