Delhi High Court
Firoz Ahmad vs State Consumer Disputes ... on 13 July, 2022
$~3
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CM(M) 636/2022 & CM APPL. 29884/2022, CM APPL.
29885/2022
FIROZ AHMAD ..... Petitioner
Through: Mr. Madhurendra Kumar, Adv.
with petitioner in person
versus
STATE CONSUMER DISPUTES REDRESSAL
COMMISSION, DELHI AND ORS ..... Respondents
Through:
CORAM:
HON'BLE MR. JUSTICE C.HARI SHANKAR
JUDGMENT (ORAL)
% 13.07.2022
1. This petition under Article 227 of the Constitution of India
seeks a direction to the learned State Consumer Disputes Redressal
Commission ("the learned SCDRC") to decide FA 546/2019
expeditiously preferably on day-to-day basis and adjudicate the appeal
on merits.
2. The prayer clause in this petition reads thus:
"It is, therefore, most respectfully prayed that this Hon'ble
High Court may be pleased to:-
(a) direct the Respondent No. 1 to expeditiously decide
the appeal of the Petitioner being Appeal No.546 of 2019
titled Firoz Ahmad Vs Paramount Villas Pvt. Ltd.,
Signature Not Verified
By:KAMLA RAWAT
Signing Date:14.07.2022
17:36:16
preferably within one month from the date of
order/direction issued by this Hon'ble High Court;
(b) direct the Respondent No. 2 to expeditiously decide
the Execution Application of the Petitioner being Execution
Application No.44 of 2016 titled Firoz Ahmad Vs
Paramount Villas Pvt. Ltd., preferably within one month
from the date of adjudication of the Appeal No. 546 of2019
by the Respondent No.1;
(c) direct all the Respondents to complete the process of
execution of the order dated 28.09.2015 in First Appeal No.
960 of 2014 passed by the Respondent No.1 without any
interference or modification in the same by the
Respondents No.1, 2 and 3, by strictly directing the
respondent no. 3 to expeditiously comply with the said
order dated 28.09.2015 in a fixed time;
(d) direct the Respondents No.1 and 2 to judiciously and
expeditiously exercise their powers for execution of the
settlement agreement dated 23.07.2015 between the
Petitioner and the Respondent No.3;
(e) allow the present petition in favour of the petitioner
and against the Respondents No.1, 2 and 3;
(f) pass any other order/orders or directions, as this
Learned Court may deem fit and proper in the facts and
circumstances of the case."
3. It is not possible for this Court, exercising jurisdiction under
Article 227 of the Constitution of India, to monitor the progress of
cases before the fora below. Supervisory jurisdiction under Article
227 of the Constitution of India can be exercised only in cases where
the forum, subject to the superintending jurisdiction of this Court, acts
in a manner which calls for supervisory correction.
4. The mere fact that the petitioner's appeal may be pending
Signature Not Verified
By:KAMLA RAWAT
Signing Date:14.07.2022
17:36:16
before the learned SCDRC since 2019 cannot be a ground for this
Court to direct the learned SCDRC to decide the appeal within one
month. This Court is unaware of the number of matters pending
before the learned SCDRC or the work constraint under which it is
operating.
5. As such, this petition is disposed of merely with the direction to
the learned SCDRC to decide FA 546/2019, preferred by the petitioner
before it, as expeditiously as possible.
6. Needless to say, this order is not to be treated as a direction to
the learned SCDRC to prioritize the petitioner's appeal over other
matters which may be more urgent than that of the petitioner. The
learned SCDRC would take a call on the urgency of the petitioner's
matter keeping in view the number of matters pending before it and
other matters which may be of a greater vintage or more urgent.
7. Keeping all these considerations in mind, the learned SCDRC is
requested to decide the petitioner's appeal as expeditiously as possible
as already directed hereinabove.
8. This petition is disposed of with the aforesaid direction.
Miscellaneous applications are also disposed of.
C. HARI SHANKAR, J.
JULY 13, 2022
r.bararia
Signature Not Verified
By:KAMLA RAWAT
Signing Date:14.07.2022
17:36:16
