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Judgment
THIS revision is directed against the interim order passed in Appeal No. 1155/sc/1999 dated 13. 5. 1999 of Consumer Disputes Redressal Commission U. P. , Lucknow directing the petitioner/complainant to return amount of Rs. 7,74,384 to the respondent/opposite party.
FACTS giving rise to this revision lie in a narrow compass. Petitioner filed a complaint seeking certain reliefs which was contested by the respondent. By the order dated 21. 1. 1999, District Forum allowed the complaint with direction to the respondent to handover possession of house to the petitioner and, in alternative, if the petitioner so desired, to pay to her amount of Rs. 3,62,176 together with interest @ 15% p. a. from dates of deposit and compensation of Rs. 4,000. In execution proceedings, the petitioner realised the said amount of Rs. 7,74,384 from the respondent. Dis-satisfied with District Forum''s order dated 21. 1. 1999, the respondent filed appeal wherein the order under challenge came to be passed by the State Commission. Submission advanced by Mr. Sukumar Pattjoshi for petitioner has been that the Counsel of petitioner was not present at the time of hearing and the order under challenge erroneously records his presence. According to him, the order of District Forum gave option to the petitioner to ask for refund of the deposited amount with interest and compensation if she was not interested in getting the house. Petitioner is unwilling to have the house. Without going into the controversy if petitioner was/was not represented by a Counsel at the time the impugned order came to be passed, as the petitioner is not interested in getting house, she cannot be ordered to refund to the respondent the amount of Rs. 7,74,384 which she had realised in execution proceedings. Impugned order, thus, deserves to be set aside. Accordingly, while allowing revision, aforesaid order dated 13. 5. 1999 is set aside. No order as to cost. Revision allowed.