DELHI DEVELOPMENT AUTHORITY vs K.N. GUPTA

IT is now finally established by the recent decision rendered by the Supreme Court that a Consumer Forum functioning under the consumer jurisdiction conferred by the C.P. Act, 1986 does not possess any power to pass interim orders granting interlocutory relief during the pendency of original proceeding before it. By the order now impugned before us, that is, precisely what has been done by the State commission, Delhi. By its interlocutory order granting certain interim reliefs the State Commission has virtually decided the whole case while purporting to postpone the final decision of the case for awaiting some judgment of the High Court. In our opinion the impugned order of the State Commission cannot be sustained in law and accordingly it is hereby set aside. The Revision Petition is allowed. However, there will be a direction that the Delhi Development Authority shall return to the Respondent herein, Shri K.N. Gupta, within three weeks from today the amount received from him by way of deposit towards the cost of the flat. The question as to whether the respondent is entitled to recover any interest on the said amount is left to be decided by the State Commission when it finally disposes of the case. Petition allowed.