Lal and ANR Vs. H.U.D.A.  INSC 529 (28 March 2008)
B.N. AGRAWAL & G.S. SINGHVI O R D E R CIVIL APPEAL NO.2186 OF 2008 (Arising out of S.L.P. (C) No.4260 OF
2007) Heard learned counsel for the parties.
Though the case was placed under the heading "Incomplete After Notice
Matters", but both the parties agreed that the matter should be taken up
and finally disposed of.
It appears that the District Consumer Disputes Redressal Forum (for short,
`District Forum') directed the respondent to allot an alternative plot and to
refund the balance amount to the appellants and pursuant to the said order, the
plot was alloted and possession thereof was made over to the appellants and the
amount was refunded. It appears that, in the meantime, an appeal was filed
before the State Consumer Disputes Redressal Commission (for short, `State
Commission') challenging the order of the District Forum which sets aside the
order passed by the District Forum without taking into consideration the fact
that the order of ....2/- - 2 - the District Forum had been already
implemented. The said order has been confirmed by the National Consumer
Disputes Redressal Commission (for short, `National Commission'). Hence, this
appeal by special leave.
In our view, the State Commission was not justified in reversing the order
passed by the District Forum, especially when allotment had been already made
and possession was delivered to the appellants.
Accordingly, the civil appeal is allowed, impugned orders passed by the National
Commission and the State Commission are set aside and the order passed by the
District Forum is restored.