Smt. Farjana vs State Of U.P. Thru. Prin. Secy. ...
2022 Latest Caselaw 4604 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 5
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 1904 of 2022
 

 
Petitioner :- Smt. Farjana
 
Respondent :- State Of U.P. Thru. Prin. Secy. Housing And Urban Palnning Deptt. Lko. And Others
 
Counsel for Petitioner :- Vivek Kumar Verma,Chhatrapal Rawat
 
Counsel for Respondent :- C.S.C.,Ratnesh Chandra
 

 
Hon'ble Mrs. Sangeeta Chandra,J.

1. Heard learned counsel for the petitioner and Sri S. S. Chauhan, Advocate, who has filed his power on behalf of the petitioner no.3.

2. This petition has been filed praying for a direction to be issued to the opposite party no.2, the District Consumer Disputes Redressal Forum to decide the Execution Case No. 05 of 2016 under Section 25/27 of the Consumer Protection Act, 1986, 'Smt. Farjana Vs. Lucknow Development Authority, Lucknow', and also to direct the District Magistrate/Collector Lucknow to recover the amount of Rs. 1,28,700/- in compliance of Recovery Certificate dated 12.06.2020 issued by the opposite party no.2.

3. It is the case of the petitioner that the husband of the petitioner had applied for a house under the scheme Sitapur Road Yojna floated by the Lucknow Development Authority. The house, bearing house No. ES/AB/639 was allotted in favour of the husband of the petitioner in the year 1987. The entire amount was deposited by the husband of the petitioner for the said house in time. The petitioner has also been died on 06.06.1987. The petitioner continued to deposit any other amount that was demanded by the respondent no.3, thereafter. But the house was allotted in favour of another person. The petitioner's request for allotment was not considered. Therefore, the petitioner filed a Complaint Case before the opposite party no.2 registered as 22 of 2006. The District Consumers Disputes Redressal Forum I, Lucknow passed judgment and order dated 30.11.2015, partly allowing the complaint case and directing the opposite party no.3, Lucknow Development Authority, to provide a house in the same area on the same cost as mentioned in the original allotment letter and they were enable to do so, they had to pay amount of compensation alongwith 18% interest thereon . The petitioner has filed the Execution Case thereafter which the respondents have been served, but it has continued for more than six years. Hence this Petition.

4. Sri S. S. Chauhan has pointed out on the basis of instructions that the Appeal against the order passed by the District Consumers Disputes Redressal Forum was challenged in Appeal by the Lucknow Development Authority which Appeal was pending before the State Commission which was dismissed on 22.10.2018.

5. This petition is disposed of with a direction to the opposite party no.2 to keep in mind the observations made by the Supreme Court in the case of Rahul S. Shah vs. Jinendra Kumar Gandhi, 2021 SCC Online SC 341 and shall dispose of the Execution case as expeditiously as possible say within a period of one year from the date a copy of this order is produced before it.

Order Date :- 30.5.2022

Darpan Sharma