VARISHTHA PUNARVAS ADHIKARI THDC Vs. A K GAUTAM

JUDGEMENT

(1.) These two appeals arise out of order dated 6.10.1998 passed by the District Forum, Tehri, Garhwal whereby the complaint of the complainant against the cancellation of the allotment order of house Nos.1, 39, 41, 43 and 44 were allowed the allotment order was restored by the Majority Bench of the Forum.

(2.) The complainant filed the complaint with the above prayer before the District Forum, Tehri. By a separate order, the President of the Forum Mr. M. L. Sharma allowed the complaint and restored the allotment order and directed the appellant to deliver possession and also to pay compensation and cost of litigation. By a separate order dated 13.10.1998 Smt. Sushma Uniyal, Member rejected the complaint on the ground of insufficiency of evidence and restored the cancellation order and also cancelled the allotment order of plot Nos.1, 39, 41, 43 and 44. There being difference of opinion between the President and the member and the office of third Member being vacant, the State Commission, Lucknow vide order dated 29.10.1998 referred the case to District Forum, Meerut for its decision and the President of the District Forum, Meerut Sh. Dinesh Chandra vide order dated 1.1.1999 allowed the complaint and he agreed with the finding of the President of the District Forum, Tehri dated 6.10.1998.

(3.) Thdc has filed two separate appeals against the said order. Appeal No.760/2003, THDC V/s. Dr. A. K. Guatam, has been filed against the order dated 6.9.1998 passed by the President District Forum, Tehri while Appeal No.761/2003, THDC V/s. Dr. A. K. Gautam has been filed against the order dated 1.1.1999 passed by the District Forum, Meerut. Both the orders are the same order, as though passed on different dates arising out of the same complaint. The dispute involved in both these appeals being same, both the appeals are being disposed of by a common judgment, copy of which shall be placed in the records of the both the appeals.