TMI Blog1995 (9) TMI 405X X X X Extracts X X X X X X X X Extracts X X X X ..... r HUDA) which is also a statutory body. The land is acquired by the appellant-Board from HUDA under stipulation with regard to enhancement in the price of the land consequent upon judicial pronouncement. The appellant-Board invited applications for allotment of houses/flats from the economically weaker section, belonging to LIG/MIG category. The appellant-Board issued allotment letters to various 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) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oard by contending that in view of Clause 2(W) of the agreement the additional demand was barred by time having been made after more than 7 years of the allotment of houses/flats. The appellant-board defended the said complaints by disputing the jurisdiction of the Consumer Forum to entertain such a complaints besides other grounds of attack. The appellant-Board took the stand that there was no 'service' rendered within the meaning of clause 'O' of Sub-section (1) of Section 2 of the Consumer Protection Act. 1986 (hereinafter the Act) nor there was any 'deficiency' in the service within the meaning of Clause (g) of Section 2(1) of the Act. According to the appellant the dispute, if any, related to an alleged breach o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 Forum to furnish signed and dated copy of the orde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... form and manner as may be prescribed. Provided further that the State Commission may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that there was sufficient cause for not finding it within that period. 9. Further the State Government made Rules under Sub-section (2) of Section 30 of the Act known as the Haryana Consumer protection Rules, 1988 (hereinafter referred as Rules). Sub-rule (10) of Rule 4 and Sub-rule (3) of Rule 8 which are relevant for purposes of these appeals are reproduced hereunder : Rule 4(10). - Orders of the District Forum shall be signed and dated by the members of the District Forum constituting the Bench and shall be communicated to the parties free of charge. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the District Forum, to the parties free of charge. 11. From the scheme of the Act it becomes apparent that the Consumer Protection Act. 1986 has been enacted with the object to provide for better protection of the interest of the consumers, as a measure for economical and speedy remedy for the settlement of their disputes and matters connected therewith. It is with this object in view that Rule 4(10) has also been made. It provides for communication of the order of the District Forum to the parties free of charge in order to avoid the delay as well as to save the parties from the burden of expenses that may be incurred for obtaining the certified copy. If the rule itself enjoins a duty for communicating the order of the District Forum ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s 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 thereaft ..... X X X X Extracts X X X X X X X X Extracts X X X X
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