JAN JAGRAN SAMITI Vs. VIMLA DEVI & ORS

JUDGEMENT

(1.) The petitioner and the appellant Jan Jagran Samiti filed a complaint before the District Consumer Disputes Redressal Forum, Kanpur City, (in short 'the District Forum') alleging deficiency in service on the part of Kanpur Development Authority (in short KDA) that KDA was not regularising the possession and ownership of the complainant over plot No.57 A which was under possession of the complainant for a long time and the complainant had also made certain construction over the plot. The complaint was resisted by the KDA by filing the written statement on the ground that there was no such plot with No.57A and it was the land of public utility and cannot be allotted to the complainant. The District Forum reserved the case for order after hearing the parties. On 16.12.2003 Vimla Devi and Dulli Chand who are the plot owners of the plots 181 and 183 moved applications before the District Forum for impleadment in the case and to postpone the final decision and the same should be pronounced only after hearing them. It was alleged in these applications that the said plot 57A has been illegally occupied by the complainant and illegal construction has been raised over the plot. The said plot is the common public land which is being used as way to the plots of the applicants. The District Forum ordered that the applications be taken up on 18.12.2003. Against this order of the District Forum, the applicants preferred revision petition No.221 of 2003 before the State Commission and the State Commission vide its order dated 22.12.2003 admitted the revision petition and listed the matter for 19.1.2004. However, the District Forum took up the matter on 18.12.2003 and rejected the application for impleadment of the applicants and also passed the final order in the complaint case as under:-

(2.) Aggrieved by the order of the District Forum, the applicant Vimla Devi and the KDA both preferred separate appeals before the State Commission. The State Commission proceeded with these two appeals and the revision petition earlier filed by the impleadment seekers clubbing them together. During the pendency of these cases, the State Commission finally stayed the order of the District Forum vide its order dated 19.01.2004 and the applicability of this order was extended from time to time on every further date.

(3.) Though there was a stay operating against the order passed by the District Forum, the KDA executed sale deed in favour of the original complainant in compliance of the order of the District Forum on 22nd October, 2004. KDA also moved an application for withdrawal of their appeal. The appellant Vimla Devi moved an application under Section 27 of the Consumer Protection Act, 1986 for violating the order dated 19.1.2004 passed by the State Commission staying the operation of the order of the District Forum. The State Commission after hearing all the parties decided all the cases by a common order dated 22.02.2008 as under:-