UJJAIN DEVELOPMENT AUTHORITY Vs. VARSHA

JUDGEMENT

(1.) Petitioner Housing Board which was the Opposite Party before the District Forum has filed this Revision Petition against the order and judgment dated 8.3.2007 passed by the State Consumer Disputes Redressal Commission, Madhya Pradesh (in short, 'the State Commission') in appeal No. 339/2006 whereby the State Commission modifying the order of the District Forum has directed the Petitioners and Respondent No. 2 Society to transfer the plot No. 14/8 admeasuring 9 x 15 mtrs. in Pragati Nagar, Ujjain and execute the necessary lease deed in favour of the Complainant/Respondent No. 1 on payment of Rs. 23,796.55 by him and Rs. 94,000 by the Society, Respondent No. 2, with interest @ 12% p.a. from 24.10.2000 to the Petitioners.

(2.) Respondent No. 2, Bharat Housing Co-operative Society Ltd. (hereinafter to be referred to as 'Society') (O.P. No. 1 before the District Forum) purchased/acquired land Khasra No.355 admeasuring 3.126 hectares at Bharatpuri, Ujjain in 1994 for development of residential plots for allotment to its Members. On 25.11.1994, Society entered into an agreement with the Petitioners to develop the said area on payment of the development charges by the Society and both the parties thereafter agreed to execute registered lease deeds of the individual plots in favour of the Members of the Society. Petitioners developed in all 142 plots in the said area and executed lease deed of 136 plots in favour of the various Members of the Society during the years 1999-2000.

(3.) Thereafter, vide letter dated 25.5.2000, Petitioners agreed to make 20 more plots available to the Members of the Co-operative Society @ Rs. 875.43 per sq. mtr.. These plots consisted of 2 MIG of 9 x 18 mtrs., 11 MIG of 9 x 15 mtrs., 3 LIG of 8 x 12 mtrs. and 4 EWS of 5 x 10 mts. Out of the 20 plots, 16 plots were allotted and leased out to the various Members of the Society during the year 2000 to 2002. However, the remaining 4 plots were withheld for allotment by the Petitioners as the Society did not deposit the balance development and other charges amounting to Rs. 3,48,000 towards premium and Rs. 5,55,754 as interest on the development charges. Out of these remaining 4 plots, one MlG plot No. 14/8 admeasuring 9 x 15 mtrs. was allotted by the Society to the Respondent No. 1/Complainant (hereinafter to be referred to as 'Respondent No. 1') who deposited a sum of Rs. 1,01,050 with the Society on 24.10.2000.