ARIF CONSTRUCTIONS Vs. GUNJAN SINGHAL

JUDGEMENT

(1.) This Revision Petition, under Section 21(b) of the Consumer Protection Act, 1986 (for short "the Act"), has been filed by a real estate developer, the sole Opposite Party in the Complaint under the Act, against the order dated 02.11.2011 passed by the Uttar Pradesh State Consumer Disputes Redressal Commission at Lucknow (for short "the State Commission") in First Appeal No. 818 of 1997. By the impugned order, the State Commission has dismissed the Appeal, preferred by the Petitioner, for non-prosecution since no one was present to represent it when the matter was taken up for hearing.

(2.) The Appeal had been preferred by the Petitioner against the order dated 28.04.1997, passed by the District Consumer Disputes Redressal Forum II at Lucknow (for short "the District Forum") in Complaint Case No. 659 of 1995. By the said order, the District Forum, while partly allowing the Complaint, had directed the Petitioner to deliver possession of the shop in question to the Complainants, the Respondents herein, and also pay to them Rs. 20,000/- as compensation and Rs. 1000/- as compensation per month for the period from September, 1995, when the Complaint had been filed, to April, 1997, within a period of one month, with liberty to adjust the 36 monthly instalments payable by the Complainants. In case of failure to comply with the directions given, the District Forum had directed the Petitioner to pay to the Complainants a sum of Rs/ 2,000/- per month as compensation for the shop in question with interest @ 2% per month on the whole amount.

(3.) The Appeal having been dismissed for non-prosecution, the Petitioner is before us in this Revision Petition.