District Consumer Forum - (VI), New Delhi, Vikas Bhawan, I P ESTATE, New Delhi has delivered a judgment on 16.2.2015 in favour of my wife against Gardenia India Co., New Delhi and the same was despatched on 20th Feb.2015 by Speed Post. As the Forum has agreed in and rejecrespect of a single demand only against the claim on 5 other genuine demands, my wife has preferred an Appeal on 13-3-2015. The Opp. Party has also appealed against the judgment on 31st March, 2015 without filing an application for condonation of delay and without accompanied by a notorized affidavit. Yet, the Appeal of the Opp. Party was accepted by the Delhi State Commission. The Opp. Party, however, had deposited Rs.25,000/- in the form of a crossed DD in the State Commission which is a pre-condition for filing the Appeal.
The Realtor told his cronies that he will drag the case endlessly so that the Complainant who is 70 years old and a serious heart patient will die in the mean time so that the case will come to a tragic end to his advantage.. The District Forum in its Order has quoted the Hon. Supreme Court Order in giving relief to the complainant and the Builder has challenged the Apex Court Order in the Delhi State Commission.
(i) How to ensure speedy trial in the Delhi State Commission? Medical Record of the Complainant has already been produced to the State Commission. The Complainant has appeared as a Party-in-Person before the Dist. Forum so also before the Hon. Delhi State Commission.
(ii) Whether action can be taken to claim the compensation awarded by the Dist. Forum (Rs.2 lakhs along with 9% interest w.e.f.28.10.2009 till the date of payment plus Rs.35,000/- as legal expenses and for harassment) under Sections 25 & 27 of the Consumer Protection Act, 1986 when the case is still pending in the State Commission?
Kindly give your well considered views on the above issues.