Disposed

Smt. Azizan v. State Consumer Disputes Redressal Commission and 3 Others

Allahabad HC14 Sept 2023WRIC/30285/2023

Case brief

AI extract

What is this about?

The Allahabad High Court disposed of a writ petition seeking direction to the Kanpur Division Commissioner to execute a recovery certificate issued by the Etawah Consumer Forum. The court directed the State of U.P. to comply with a deemed recovery order within six weeks.

What did the court decide?

Direction to the State of U.P. to comply with the recovery order within six weeks or expeditiously.

Smt. Azizan Vs State Consumer Disputes Redressal… — Writ and Judicial Review | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:178079-DB

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Court No. - 40

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Case :- WRIT - C No. - 30285 of 2023

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Petitioner :- Smt. Azizan

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Respondent :- State Consumer Disputes Redressal Commission And 3 Others Counsel for Petitioner :- Ranjeet Kumar Mishra Counsel for Respondent :- C.S.C.

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Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J.

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The Advocates are abstaining from judicial work.

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Present writ petition has been preferred for a direction to respondent no.3-Commissioner, Kanpur Division, Kanpur to execute the recovery certificate issued by the respondent no.2District Consumer Disputes Redressal Forum, Etawah; to recover the amount shown in the recovery certificate along with 7% forthwith and to deposit the same with respondent no.2 so that the same may be provided to the petitioner expeditiously.

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The record in question reflects that the petitioner instituted Complaint Case No.54 of 2013 (Smt. Azizan v. State of U.P. & Ors.) before respondent no.2. The same was allowed on 30.12.2015 with direction for recovery of Rs.1,00,000/- along with 7% interest from respondent no.4-State of U.P. through Collector, Etawah. Against the order dated 30.12.2015, the respondent no.4 filed Appeal No.1491 of 2016 (State of U.P. through Collector, Etawah v. Smt. Azizan) before respondent no.1-State Consumer Disputes Redressal Commission, U.P. Lucknow. The said appeal was dismissed on 25.2.2023 directing the appellant (State of U.P. through Collector, Etawah) to comply with the order dated 30.12.2015 within thirty days. In compliance of the order passed by respondent no.1, the respondent no.2 issued recovery certificate to respondent no.3 for recovery of Rs.1,00,000/- along with interest. It is alleged that inspite of category direction till date the aforesaid recovery certificate was not executed by respondent no.3.

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Considering the facts and circumstances of the case, we are not inclined to keep the matter pending consideration. Without expressing any opinion on merits of the issue, we dispose of the writ petition asking respondent no.4 to comply with the order

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dated 30.12.2015, if there is no other impediment, expeditiously and preferably within six weeks from the date of production of certified copy of this order.

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Order Date :- 14.9.2023 SP/

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Digitally signed by :- SURYA PRAKASH High Court of Judicature at Allahabad

Smt. Azizan v. State Consumer Disputes Redressal Commission and 3 Others

Case brief

What is this about?

What did the court decide?

Smt. Azizan v. State Consumer Disputes Redressal Commission and 3 Others

Case brief

What is this about?

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What the court decided

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