For last several years I am facing rain water leakage problem associated with my flat [top floor]. In 2012, I filed a complaint under CPA. In 2015 got verdict in my favour. Society repaired the problem externally but did not repair internal damages. I have filed order execution applications before additional forum at Bandra.
In the meanwhile, society appealed before state commission and their appeal was dismissed because it was not signed and undated. In delay condone application the number of days was not mentioned.
Society has moved to National Commission. On 17th December 2015 Registrar of the National
Commission directed the Society to rectify the defects [he has used word cure the defects] by 15.01.2015, next date.
My questions are:
[1] The value of the job pending to be done by the society is around Rs 1 lac or so. As per sec 19 of CPA 1986, only those orders of the state commission u/s 17(i) could be challenged before National Commission. U/s 17(i) value of the goods or services must be between Rs 20 lac to Rs 100 lac. In my case the value is much less.
[2] My case before the state commission was u/s 17(ii) of CPA 1986, and u/s 19 of CPA 1986, there is no provision for National Forum to entertain a matter decided by State Commission u/s 17(ii).
Please advice whether i can argue on the above line before the National Commission.
I C Naik
You are on record saying “I have filed order execution applications before additional forum at Bandra.” In that event, you need to pursue disposal of execution application as early as possible, without thinking about State or national Commission. If you are not satisfied about outcome of that, you can prefer an appeal to State Commission.