H.U.D.A. Vs. HARINDER WALIA

JUDGEMENT

(1.) THIS First Appeal, under Section 19 of the Consumer Protection Act, 1986 (for short "the Act"), has been preferred by the Haryana Urban Development Authority, (for short, "HUDA"), questioning the correctness and legality of order, dated 04.08.2003 passed by the State Consumer Disputes Redressal Commission, Haryana at Chandigarh (for short "the State Commission") in Complainant Case No. 77 of 1999. By the impugned order, the State Commission has disposed of the Complaint, with a direction to HUDA to withdraw the order of resumption passed by it in respect of the booth allotted to the Complainant, on her depositing certain amounts indicated in the allotment letter.

(2.) SINCE the case has a chequered history, it would be necessary to notice the facts, giving rise to the complaint, in extenso. These are as follows: - -

(3.) BEING dissatisfied with the order, both the parties preferred Appeals before this Commission, being Appeal Nos. 39/2004 and 195/2004. When HUDA's Appeal was listed for hearing on 27.05.2008, upon mentioning, Complainant's Appeal was also taken on Board. However, as Counsel for HUDA was not present, its Appeal (No. 39/2004) was dismissed in default. On dismissal of the said Appeal, Counsel for the Complainant did not press her Appeal. Accordingly, Appeal No. 195/2004 was also dismissed with liberty to the Complainant to get her Appeal revived in case HUDA's Appeal was restored.