Allahabad High Court
Lucknow Development Authority ... vs Sri Govardhan Singh on 6 September, 2011
Bench: Shabihul Hasnain
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 6
Case :- MISC. SINGLE No. - 5364 of 2011
Petitioner :- Lucknow Development Authority Lucknow Through Its Secretary
Respondent :- Sri Govardhan Singh
Petitioner Counsel :- D.K. Upadhyaya
Hon'ble Shabihul Hasnain,J.
Heard Sri D. K. upadhyaya, learned counsel for the petitioner.
Issue notice to opposite party No.s 1 and 2, returnable at an early date.
Petitioner has challenged the order passed by the District Consumer Forum dated 27.8.2011. The petitioner has drawn the attention of this Court towards the direction given by this forum on running page 28, internal page 6 of the judgment. On this page an order has been passed to the Cabinet Secretary, Principal Secretary, Chief Secretary and the Principal Secretary (Appointment) and Principal Secretary (Home)and the Commissioner to suspend the Secretary and Property Officer of Lucknow Development Officer. Sri Upadhayya has drawn the attention of this Court towards Section 25 of the Consumer Protection Act, 1986. Section 25 lays down as under:-
25. Enforcement of orders of the District Forum, the State Commission or the National Commission. ? (1) Where an interim order made under this Act, is not complied with the District Forum or the State Commission or the National Commission, as the case may be, may order the property of the person, not complying with such order to be attached.
(2) No attachment made under sub-section (1) shall remain in force for more than three months at the end of which, if the non-compliance continues, the property attached may be sold and out of the proceeds thereof, the District Forum or the State Commission or the National Commission may award such damages as it thinks fit to the complainant and shall pay the balance, if any, to the party entitled thereto.
(3) Where any amount is due from any person under an order made by a
District Forum, State Commission or the National Commission, as the case may be, the person entitled to the amount may make an application to the District Forum, the State Commission or the National Commission, as the case may be, and such District Forum or the State Commission or the National Commission may issue a certificate for the said amount to the Collector of the district (by whatever name called) and the Collector shall proceed to recover the amount in the same manner as arrears of land revenue.
Sri Upadhyaya argues that no such powers are vested with the consumer forum so as to direct suspension of the Secretary and Property Officer. The execution proceedings will not mean that any order can be passed by the forum. Property of the opposite party could have been attached or recovery could have been ordered as provided under Section-25 of the Rules.
List this case after four weeks.
Till the next date of listing, the operation and implementation of the impugned order dated 27.8.2011 passed by the District Consumer Disputes Redressal Forum II, Additional Bench, Lucknow, as contained in Annexure-1 to the writ petition, shall remain stayed.
Order Date :- 6.9.2011
RKM.
