GURMIT SINGH vs HARYANA URBAN DEVELOPMENT AUTHORITY

THIS revision petition has been filed by the petitioner against the order dated 16.05.2012 passed by the Haryana State Consumer Disputes Redressal Commission, Panchkula (in short, ''the State Commission '') in Appeal No. 1376 of 2010 - HUDA & Anr. Vs. Gurmit Singh by which, while allowing appeal partly, order of District Forum imposing penalty in the Execution Petition was modified.

BRIEF facts of the case are that complainant/petitioner filed Complaint No.1270 of 2001 before District Forum and District Forum vide order dated 16.8.2004 allowed complaint and following directions were given: ''''A. The OPs shall charge simple interest at the rate of 10% p.a. from the complainant on the amount of instalments. If any instalment is not paid by the complainant within the stipulated period then OPs are entitled to simple interest at the rate of 18% p.a. instead of 10% p.a. on the amount of delayed instalments and not on the balance amount of price of the plot. B. That OPs are entitled to charge the amount on account of enhanced compensation along with simple interest at the rate of mentioned in the notice of demand of enhanced compensation from the date of Issue of notice in this regard to the complainant. C. That OP are entitled to extension fee from the complainant on account of non -raising of construction over the plot in question within the stipulated period as per rules. D. That OPs shall prepare a fresh statement of account in respect of the plot in question in the light of directions given in (A) to (C) above and shall serve the same to the complainant within 30 days of the receipt of copy of this order. E. That there shall be no order as to costs. ''''

Complainant filed Execution Petition before District Forum and learned District Forum observed that account statement was delivered after 3 to 4 years and excess interest charged was also refunded after 4 to 5 years and in such circumstances observing violation of the order imposed penalty of Rs.25,000/ - on the OP. OP filed appeal before State Commission and learned State Commission vide impugned order reduced penalty to Rs.1,000/ - against which this revision petition has been filed.

HEARD Learned Counsel for the parties finally at admission stage and perused record.

LEARNED Counsel for the petitioner submitted that leaned District Forum rightly imposed penalty and learned State Commission without any cogent reason has reduced penalty; hence, revision petition be allowed and impugned order be set aside. On the other hand, learned Counsel for the respondent submitted that order passed by learned State Commission is in accordance with law; hence, revision petition be dismissed. Learned State Commission rightly observed that grievance of the complainant was only to the extent that statement of account as directed by District Forum was not submitted within the stipulated period. Learned State Commission further observed that learned District Forum observed in its order that statement of account submitted by OP was strictly in accordance with law as per directions issued in the order, though, complainant disputed that statement. Learned State Commission further observed that statement of account submitted by OP is not incorrect. In such circumstances, learned State Commission has reduced penalty from Rs.25,000/ - to Rs.1,000/ -.

SECTION 27 of the C.P. Act provides that fine exceeding Rs.10,000/ - cannot be imposed whereas learned District Forum imposed penalty of Rs.25,000/ - which was contrary to provisions of the Act. As per Section 27, penalty of less than Rs.2,000/ - cannot be imposed but learned State Commission vide impugned order has reduced penalty to Rs.1,000/ - as there was only delay in submitting statement of account. In normal course penalty should not have been reduced below Rs.2,000/ -, but looking to the facts and circumstances, we do not find it appropriate to enhance amount of penalty as there was only delay in submission of statement of account.

CONSEQUENTLY , revision petition filed by the petitioner is dismissed at admission stage with no order as to costs.