INDORE DEVELOPMENT AUTHORITY Vs. URMILA SINGH

JUDGEMENT

(1.) This revision petition filed under sec. 21 of the Consumer Protection Act, 1986 (in short, the 'Act') assails the order of the Madhya Pradesh State Consumer Dispute Redressal Commission, Bhopal (in short, 'State Commission') in First Appeal No. 1677 of 2008 and First Appeal No.1921 of 2008 which were dismissed by a common order dtd. 27/2/2013. These appeals were filed against the order dtd. 9/5/2008 of the District Consumer Disputes Redressal Forum, Indore (in short, 'District Forum') in Consumer Complaint No. 968 of 2006.

(2.) The brief facts of the case are that the petitioner, a statutory Planning Authority under the MP Town and Country Planning Act, 1973 entered into an agreement with Respondent no. 2 in 1986 to provide residential plots to members of the Respondent society on being certified by the Joint Registrar of Cooperative Societies upon payment of requisite rates/charges. Respondent no 1 filed a complaint before the District Forum alleging that having been a member since 1983, she had deposited Rs.2,16,000.00 with Respondent no. 2 for a plot which had not been done and therefore amounted to deficiency in service. The petitioner had taken the stance that there was no privity of contract between it and the Respondent no.1 and that she was not a consumer of the petitioner. The District Forum allowed the complaint vide its order dtd. 9/5/2008 and directed the petitioner to execute the lease deed within 2 months. The petitioner filed an appeal before the State Commission against this order. Respondent No 2 also filed an appeal. Both appeals were dismissed by a common order dtd. 27/2/2013 affirming the order of the District Forum. This order is impugned by the revision petitioner before us.

(3.) The order of the District Commission reads as follows: