URBAN IMPROVEMENT TRUST, ALWAR Vs. SANJEEV YADAV

JUDGEMENT

(1.) This Revision Petition, by Urban Improvement Trust, Alwar (for short "the Trust"), arises out of the Execution Proceedings initiated by the Complainant against the Trust for non-compliance with the order dated 17.5.2008, passed by the District Forum. By the impugned order, the State Consumer Disputes Redressal Commission, Rajasthan, Jaipur (for short "the State Commission"), has dismissed the Appeal, being Appeal No.1161/2010, preferred by the Trust against the order, dated 10.5.2010, passed by the District Consumer Disputes Redressal Forum, Alwar in Case No.91/2009.

(2.) Having regard to the nature of the controversy raised in the present Petition, we deem it unnecessary to narrate the facts in detail. It would suffice to note that, in the complaint filed by the Respondents herein, joint allottees of Plot No.323 in Scheme No.3, floated by the Trust on 17.5.2008, the District Forum had passed the following final order :

(3.) The said order was not challenged by either of the parties and therefore, it attained finality. However, according to the Complainant, the Trust, having failed to comply with the said order, he was compelled to file an Execution/Contempt Petition against the Trust. The said Petition was disposed of by the District Forum vide order dated 10.5.2010, whereby the District Forum granted 30 days' time to the Complainant to make payment of the balance amount, as demanded vide Allotment No.UIT/Allotment/8798/08 dated 24.5.2008. While issuing the said direction, the District Forum had observed that the Trust had failed to produce any document to show that the amended Allotment Letter dated 24.5.2008, which was stated to have been sent to the Complainant by Registered Post, had in fact been delivered to him. The District Forum also accepted the stand of the Complainant that despite repeated visits to the office of the Trust, the said Allotment Letter was not issued to them with the result that they were unable to make the requisite deposit.