LAWS(NCD)-2005-12-105

VAISHALI SOOD Vs. H P HOUSING BOARD

Decided On December 12, 2005
VAISHALI SOOD Appellant
V/S
H P HOUSING BOARD Respondents

JUDGEMENT

(1.) This case has a chequered history. A complaint was filed by Vaishali Sood, hereinafter referred to as the complainant before the District Forum, Shimla Camp at Solan, vide C. C. No.77/97 dated 19.7.1997. She alleged deficiency in service and sought relief against the then Housing Board, (now known as H. P. Housing and Urban Development Authority), hereinafter referred to the Board. This complaint was dismissed on 29.9.2001, being a complicated case not possible to be tried in a summary manner. Liberty was reserved to the complainant to appraoch the appropriate Civil Court for redressal of her grievances. This order of the District Forum, Solan was challenged by her before this Commission in Appeal No.309 of 2001. Vide its order dated 23.7.2002, this Commission affirmed the order of District Forum, Solan. Against the order of the H. P. State Consumer Commission dated 23.7.2002, complainant went in Revision before the National Commission, in Revision Petition No.2377 of 2002. National Commission vide its order dated 1.4.2003 set aside the order of District Forum, Solan dated 29.9.2001 as well as of this Commission dated 23.7.2002. National Commission directed the District Forum, Solan to decide the case on merits as per law.

(2.) District Forum, Shimla Camp at Solan decided the complaint afresh on merits vide its order dated 24.9.2004. Complaint was partly allowed with the following directions to the Board: "accordingly, we hereby direct the opposite party-Board to pay interest on the amount of Rs.1,24,257 at the rate of 12% per annum with effect from 3.4.1995 till 10.7.1996. The cost of litigation is quantified at Rs.1,500. These payments be made by the opposite party Board to the complainant within a period of forty-five days from the date of receipt of copy of this order. "

(3.) Both, i. e. , the complainant as well as the Board are aggrieved from the order of the District Forum below and have filed two appeals. Appeal of the complainant is Appeal No.309/2004 and of the Board is Appeal No.313/2004.