INDORE DEVELOPMENT AUTHORITY Vs. HEMANT MANDOVRA

JUDGEMENT

(1.) Leave granted.

(2.) This present petition is arising out of order dtd. 29/3/2023 passed by National Consumer Disputes Redressal Commission (for short, "the National Commission") in Revision Petition No. 2808 of 2018 whereby the National Commission directed the appellant to handover possession of the plot in question to the respondent within three weeks from the date the amount is paid along with interest to the Indore Development Authority.

(3.) The undisputed facts of the case reveal that the appellant i.e. Indore Development Authority which is an authority constituted under the Town and Country Planning Act, 1973, issued an advertisement/Notice Inviting Tender (NIT) on 5/10/1994 in respect of Scheme No. 54 offering various plots to the public at large. The respondent pursuant to the said advertisement/tender notice dtd. 5/10/1994 submitted his offer and was allotted a Plot No. 314 on 2/1/1995 in Scheme No. 54 with a payment plan to deposit 50% premium amount and lease rent within 30 days from the date of allotment and the rest 50% was required to be deposited in 12 quarterly instalments. The undisputed facts further reveal that the respondent deposited the initial amount and did not deposit the balance instalments on time and, therefore, as per the terms and conditions of the allotment and rules of the authority, the allotment was cancelled on 22/3/2000.