Tribunals and CommissionsSingle Bench(2022) 12 NCDRC CK 0059

Ludhiana Improvement Trust vs Harbans Kaur & 2 Ors

National Consumer Disputes Redressal Commission · Decided on 1 December 2022

HON’BLE JUDGES
Deepa Sharma, Presiding Member
RESULT
Dismissed
CASE NUMBER
Appeal Execution No. 131 Of 2017

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Judgment

9 paragraphs · 342 words

Deepa Sharma, Presiding Member

IA 14858 of 2017 (condonation of delay)

1.

Heard.  In the interest of justice and since there is no one on behalf of the Respondents to oppose the application, the application is allowed and the delay is condoned.

APPEAL

Arguments heard on this Appeal.

2.The present Appeal has been filed against the order dated 05.06.2017 of State consumer Disputes Redressal Commission, Punjab at Chandigarh (for short “the State Commission”) on the ground that the impugned order is perverse and against the order under execution.

3.It is submitted on behalf of the Appellant that vide the final order in the Complaint No.89 of 2013 the State Commission had directed to allot the plot at current reserved price.  It is submitted that in the impugned order, while interpreting the same in Execution No.21 of 2015, the executing State Commission has directed to pay the reserve price.  It is argued that there is a lot of difference in the current reserved price and the reserve price.  It is argued that the executing State Commission could not have travelled beyond the directions given in the final order on the Complaint and therefore, the impugned order is liable to be set aside.

4.I have gone through the record and perused the file.

5.While passing the impugned order, the State Commission has relied on the findings of the Punjab & Haryana High Court in the case of “Ludhiana Improvement Trust Ludhiana vs. Kulwinder Singh, Civil Revision No.2264 of 2010 (O&M)” decided on 10.07.2012 and “Amrit Pal Singh Grewal (Col)  vs. State of Punjab and Others, Civil Writ Petition No.10399 of 2012” decided on 04.10.2012 wherein the Punjab & Haryana High Court discussed the meaning of current reserved price and reserve price and has held that current reserved price means reserve price.  The impugned order has been passed by the executing court relying on the findings of the Punjab & Haryana High Court and I found no illegality or infirmity in the impugned order.  The present Appeal has no merit and the same is dismissed.