BHALCHANDRA Vs. ANANT

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard learned Counsel for both the parties.

(2.) Being aggrieved by the impugned Judgment dtd. 21/7/2022 passed by State Consumer Disputes Redressal Commission Circuit Bench, Nagpur in Revision Petition No. RBT/RP/19/18 in Complaint Case No.CC/19/4 and thereby allowed the Revision Petition and directed DCC to decide the complaint expeditiously.

(3.) It is complaint of The respondent that he is one of the land owner of the ancestral plot situated at Gupte Road, Akola, Distt. Akola bearing Nazul Plot no. 8/37, majoring 390.2 sq. Mtrs. and after the death of his father, the respondent alongwith his younger brother and LRs of elder brother became joint owners of the said plot. All the joint owners executed memorandum of understanding and decided to develop the said plot. Development Agreement was executed on 29/4/2016 by all the land owners in favour of petitioners. By this agreement the Petitioner developed and constructed the flat scheme under the provisions of Maharashtra Apartment Ownership Act. Accordingly Deed of Declaration executed on 31/1/2017. As per Agreement of Development total cost of the plot was decided to be Rs.44,39,000.00 but present respondent and one of his brother Vinayak Gangadhar Mayee decided to retain flats in lieu of cost of land and rest of the three LRs of Kamlakar Mayee received proportionate cost of the land Rs.11,75,100.00 from the Petitioner. Accordingly Deed of Declaration was executed on 31/1/2017. Irrevocable power of attorney was also executed on 29/4/2016 in favour of Petitioner.