1995 (9) TMI 405

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.... applicant specifically mentioning in Clause (9) of the allotment letters that as a result of the land award or arbitration proceedings, etc. if there is an increase in the cost, the Board may enhance the price of the dwelling houses/flats allotted to them. This condition was reiterated in Clause 2(w) of the Hire Purchase Tenancy Agreement (Form A) entered into under Section 11(4) of the Housing Board. Haryana (Allotment, Management & Sale of Tenements) Regulations. 1972. It was also provided that there shall be no enhancement in the price after a period of 7 years from the date of allotment. According to the appellant-Board, this Clause 2(W) of Form 'A' of the Regulations was, however, amended by a notification dated 26.5.1985 whereby a proviso was inserted to the effect that the restriction of 7 years shall not be applicable when the escalation in the price is due to judicial pronouncement or award of an arbitrator. 4. Consequent upon the judicial pronouncements enhancing the compensation granted to the land owners. HUDA also raised an additional demand on 5.3.1992 on the appellant-Board demanding a sum amounting to Rs. 27,96,011.80 (approximately) for the land given t....

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....39;National Commission') being Revision petition Nos. 66 to 68/1993. The National Commission maintained the order of State Commission and dismissed all the three revisions by a common order dated 7.1.1993 impugned in these appeals. 7. learned Counsel for the appellant-Board submitted that the President of the District Forum had pronounced the order dated 22.10.1992 in open court and after such pronouncement of the order he proceeded on leave. Since the President had not signed the said order before proceeding on leave, the same was not made available to the appellant. The said order was, however, attested and certified on 30.10.1992 a copy whereof was furnished to the appellant only on 3.11.1992. Since 29.11.1992 was a Sunday the appeals before the State Commission were filed on 30.11.1992. According to the learned Counsel for the appellant the appeals were filed within one month from 30.10.1992, the date on which the attested and certified copy of the order was supplied to the appellant. learned Counsel for the appellant vehemently urged that according to Sub-rule (10) of Rule 4 of the Haryana Consumer Protection Rules, 1988 it was obligatory on the part of the District For....

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....e certified copy of the order of the District Forum appealed against and such of the documents as may be required to support grounds of objection mentioned in the Memorandum. 10. Reading of the provisions of Section 15 reproduced above goes to show that any person aggrieved by an order made by the District Forum may prefer an appeal to the State Commission within a period of 30 days from the date of the order. But under the proviso the State commission is enjoined with the discretion to entertain the appeal even after the expiry of the period of 30 days if it is satisfied that there was sufficient cause for not filing the appeal within 30 days from the date of order. Section 15 does not prescribe any other requirement for the purposes of filing a proper and valid appeal to the State Commission. The other requirements for a properly constituted appeal are contained in Sub-rule (3) of Rule 8 which contemplates that each Memorandum of Appeal shall be accompanied by a certified copy of the order of the District forum appealed against and such other documents as may be required to support the grounds of objection mentioned in the Memorandum of Appeal. Sub-rule (10) of Rule 4 further ....

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.... the scheme of the Rules a copy of the said order has also to be communicated to the parties affected by the said order so that the party adversely affected therefrom may have a fair and reasonable opportunity of knowing the text, reasons and contents thereof so as to formulate grounds of attack before the appellate or higher forums. In the absence of such communication of signed and dated order, the party adversely affected by it will have no means of knowing the contents of the order so as to challenge the same and get it set aside by the appellate authority or the higher Forum. 13. In the present case as laid before the State Commission the appellant contended that the order was pronounced by the District Forum in the open Court on 22.10.1992, it was not signed and dated as the President had proceeded on leave soon thereafter and therefore, neither the reasons on which the said order was based were known nor a copy thereof was furnished to the appellant- Board so as to know the reasons and contents of the order. It was also the case of the appellant that on an enquiry by the counsel for the appellant-Board (he was informed by the Stenographer of the President that the order w....