Tribunals and Commissions

HOUSING BOARD, HARYANA vs HOUSING BOARD COLONY WELFARE ASSOCIATION

National Consumer Disputes Redressal Commission · Decided on 6 August 2001 · Citation: 2002 1 CPJ 70

HON’BLE JUDGES
D.P.Wadhwa , C.L.Chaudhry , J.K.Mehra , Rajyalakshmi Rao , B.K.Taimni J.
RESULT
Revision Petition dismissed
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Judgment

3 paragraphs · 285 words
1.

PETITIONERS are aggrieved by the order of the Haryana State Consumer Disputes Redressal Commission which dismissed the appeal of the petitioners and upheld the order of the District Forum. PETITIONERS were opposite parties before the District Forum in a complaint filed by that respondents.

2.

COMPLAINT was that the petitioners were demanding enhancement in the price of tenements allotted to the complainants after more than 7 years of the allotment. This the District Forum and State Commission held that petitioners could not do so. Clause 2(w) of Hire Purchase Tenancy Agreement (Form-A) under Regulation 11(4) provides as under : "If after the receipt of the final bills for the construction of tenement or as the result of land award or arbitration proceeding or enhancement in cost of land on any account, the Board considers it necessary to revise the price already specified, it may do so and determine the final price payable by the hirer who shall be bound, by this determination and shall pay dues, if any, between final price so determined and price paid by him including the price paid in lump-sum, provided that no change in the price, shall be made after seven years, from the date of allotment."

It was further provided that the restriction of seven years shall not be applicable in case of escalation on due to judicial orders and Arbitrators'' award. It has not been pointed out as to what was that judicial order or Arbitrators'' award under which the petitioners were claiming enhancement of the price. There is no ground for us to exercise our jurisdiction under Clause (b) of Section 21 of the Consumer Protection Act, 1986. This revision petition is dismissed. Revision Petition dismissed.