LAWS(MPCDRC)-2011-4-1

RAJESH MALVIYA Vs. ROHIT GRIH NIRMAN SAHAKARI SAMITI

Decided On April 08, 2011
RAJESH MALVIYA Appellant
V/S
Rohit Grih Nirman Sahakari Samiti Respondents

JUDGEMENT

(1.) THIS appeal under Section 15 of the Consumer Protection Act, 1986 (hereinafter referred to as 'the Act'), is directed against the order dated 29.6.2009 passed by the District Consumer Disputes Redressal Forum, Bhopal in execution case No. 346/08.

(2.) IT is not disputed that an order was passed on 3.10.2008 by the District Forum, Bhopal in case No. 765 / 07, whereby the District Forum had directed respondent No. 2 -Society to allot and transfer a plot measuring 36' x 60', of which expenses will be borne by the appellant -complainant. This was done keeping in view that as many as 32 plots had been transferred to various members/non -members despite order dated 17.1.2008 and 4.3.2008 to keep a plot reserved during the pendency of the said case. It was, thus, in compelling circumstances that the Commission directed the Society should allot a plot and if for that purpose if necessary, cancel registration of plot of last member and issue notice to the said member and allot his plot to the appellant -complainant.

(3.) IN the execution filed thereafter, which was decided by the impugned order, it was represented that plot No. 138 has been allotted to the complainant Rajesh Malviya, after getting the search report called from Advocate Mrs. Shobha Dubey. The report indicated that the plot No. 138 had not been sold to any one.