H.P. Housing & Urban Development Authority(Himuda) vs Sapna Verma

Karuna Nand Bajpayee, Presiding Member

This revision petition has been filed under Section 21 (b) of the Act 1986 in challenge to the Order dated 30.08.2018 in Appeal No. 236 of 2018 of the State Commission Himachal Pradesh arising out of Order dated 23.11.2017 of the District Commission in Complaint no. 264 of 2014.

Heard the learned counsel appearing for the parties and have perused the record including inter alia the Order dated 23.11.2017 of the District Commission, the impugned Order dated 30.08.2018 of the State Commission and the memo. of petition.

It appears that the appeal was filed in the State Commission with delay of 53 days.  The State Commission had passed a conditional Order condoning the delay on the condition and subject to the payment of cost of Rs.2,000/-.  Petitioner did not comply with the condition. For better facilitation the impugned Order may be quoted hereinbelow:-

“1.  Present appeal is filed under section 15 of Consumer Protection Act 1986 against final order dated 23.11.2017 passed by Learned District Forum in consumer complaint No.264/2014 RBT No.11/2017 titled Smt. Sapna Verma Versus Himachal Pradesh Housing and Urban Development Authority (HIMUDA).

Appeal was not filed within limitation and there was delay of fifty three days in filing appeal. Application for condonation of delay was filed and same was allowed by State Commission conditionally on dated 27.06.2018 subject to payment of costs to the tune of Rs.2000/- (Two thousand).

Thereafter appeal was listed for compliance of conditional order on dated 18.07.2018, 02.08.2018, 17.08.2018 and 30.08.2018 but appellant did not comply the conditional order. State Commission is of the opinion that sufficient opportunities were granted to the appellant to comply the conditional order passed by State Commission but the appellant did not comply the conditional order passed by State Commission.

In view of above stated facts State Commission is of the opinion that appellant is not interested to comply conditional order passed by State Commission. Hence appeal is dismissed for non-prosecution and for non-compliance of conditional order dated 27.06.2018 passed by State Commission in No. 207/2018. Certified copy of order be transmitted to parties forthwith free of costs strictly as per rules. File of State Commission be consigned to record room after due completion forthwith. Appeal is disposed of. Pending application(s) if any also disposed of.”

Learned counsel has not been able to explain or furnish any valid reason as to why the condition was not fulfilled.  The perusal of the impugned Order also demonstrates that a number of dates were given to comply with the Order but still the petitioner simply did not bother.  The submission of the learned counsel is that there seems to be some miscommunication which has resulted in the non-compliance of the condition and it should be ignored.

The ambit and scope of the revisional jurisdiction of this Commission has its own limitations.  There must be some error of jurisdiction in the impugned Order which may be agitated and addressed.  The perusal of the impugned Order shows that there is no element of perversity in the same which may vitiate the Order.  The Bench does not see any material irregularity on the basis of which the impugned Order may be castigated. Certainly, there is no error of jurisdiction that may be pointed out in the impugned Order.  Indifference of the petitioner or its lackadaisical attitude and apathy towards the legal proceedings and the sanctity of the Orders passed by judicial or quasi-judicial fora is difficult to be countenanced with. The petitioner being a government entity is expected to be more respectful and diligent in complying with the Orders passed in legal proceedings as they are having all wherewithal at their disposal.  The Bench does not see any good ground to interfere with the impugned Order. Petition lacks merits and stands dismissed.

The Registry is requested to send a copy each of this Order to all parties in the petition and to their learned counsel. The stenographer is requested to upload this Order on the website of this Commission immediately.