STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

U.T., CHANDIGARH

Veteran Subedar Major Jaswant Singh, H.No.2525/B, Sector 47-C, Chandigarh (UT) PIN 160 047     

                                                                   ……Appellant

V e r s u s

1]  Army Welfare Housing Organization through Managing Director, South Hutments Kashmir House, Rajaji Marg, New Delhi 110 011 

2]  Project Director, Army Welfare Housing Organization, Sandeep Vihar, Sector 20, Panchkula (Haryana)

                                                                                                                                   …….Respondents

Appeal under Section 15 of the Consumer Protection Act, 1986 against order dated 14.08.2017 passed by  District   Consumer Disputes Redressal Forum-II, U.T. Chandigarh in Consumer Complaint No. 592/2017.

 BEFORE:      JUSTICE JASBIR SINGH (RETD.), PRESIDENT.

                        MR. DEV RAJ, MEMBER.

                        MRS. PADMA PANDEY, MEMBER

Argued by:        Mr.Jaswant Singh, appellant in person.   

PER JUSTICE JASBIR SINGH (RETD.), PRESIDENT

                Appellant/Complainant has filed this appeal against order dated 14.08.2017, passed by the District Consumer Disputes Redressal Forum-II, U.T., Chandigarh (in short the Forum only), dismissing his complaint in limine. 

2.             In the complaint, the following relief was claimed by the complainant ;

“It is most respectfully prayed that the Hon’ble Forum be pleased to allow the complaint and directing the respondent to pay compound interest, pendent lite and future till realization @15% per annum rests basis on the amount of Rs.48,620/- from the date of 1.9.1990 i.e. one month after the allotment of flat and from the total amount less Rs.49,190/- already stands paid on 20.3.2002, compensation for mental agony/harassment Rs.1,00,000/- and litigation cost Rs.20,000/- in the interest of justice.”

               At the time of arguments, primary grievance raised was qua non-payment of interest on the amount of Rs.49,190/- which was returned to the complainant on 20.3.2002. When dismissing the complaint, it was rightly noticed by the Forum that the said dispute had earlier been  raised by the complainant by filing a Civil Suit before the competent court for the following relief ;

              “ a)  For issue of directions to Army Welfare Housing Organization to execute conveyance deed/sale deed of flat No.2525/B, Sector 47-C, Chandigarh.

b)  For payment of interest @18% p.a. on  Rs.49,190/- w.e.f. 1.9.1990.”

               The said Civil Suit was dismissed on 3.11.2011. He went in appeal, which was also dismissed on 11.9.2014.  In the said judgment, it was specifically observed by the Civil Court that the complainant has no right to claim interest on the amount, referred to above.

3.              By taking recourse to the provisions of Section 11 of the Code of Civil Procedure,1908, it was rightly said by the Forum  that once  claim already stood settled by a Civil Court, it cannot be raised again by filing a complaint before the Consumer Fora.  It is not in dispute that possession of the flat was taken over by the complainant in December,1990. Excess amount was repaid to him on 20.3.2002. By noting as above, it was rightly said by the Forum that the issue raised was time barred. The order passed by the Forum is perfectly justified.  We find no case made out to interfere in the order, under challenge. 

4.          For the reasons recorded above, the appeal, being devoid of merit, must fail, and the same is dismissed, at the preliminary stage,   with no order as to costs. The order of the District  Forum is upheld. 

5.           Certified copies of this order, be sent to the parties, free of charge.

6.     The file be consigned to Record Room, after completion.

Pronounced.

30.08.2017