INDORE DEVELOPMENT AUTHORITY Vs. DIMPLE

JUDGEMENT

(1.) These revision petitions have been filed by petitioner against impugned order dated 16.03.2012 passed by learned State Commission in Appeal No.1021/2011, IDA Vs. Smt.Dimple & Anr., by which while dismissing appeals, upheld the order of the District Forum allowing the complaints. As both the revision petitions arise out of common order of the State Commission, these revision petitions are decided by common order.

(2.) Brief facts of the cases are that OP was to develop the land of the Sanstha and allot plots to its Members. The complainant/ respondent Smt.Dimple was allotted plot No.365, measuring 67.50 sq.mts and complainant/petitioner Ranchodlal was allotted plot No.351 measuring 67.50 sq.mts in Scheme No.97, Part-IV/1, developed by OP/petitioner on General Conditions on lease for 30 years. Complainants paid price of the plot along with lease rent as per Agreement between OP and Gajanand Grah Nirman Sahkar Sanstha Maryadit, Indore. In spite of allotment of land, OP neither executed the lease deed nor handed over possession of the plots. Alleging deficiency on the part of OP, complainants filed separate complaints against OP in District Forum. OP resisted claim and submitted that consumer forum has no jurisdiction under section 64 of M.P. Co-operative Societies Act, 1960. Further, it was alleged that complaints are time barred and Gajanand Grah Nirman Sahkari Sanstha Maryadit is a necessary party and prayed for dismissal of complaints. Learned District Forum after hearing both the parties, allowed the complaints and directed OP to execute lease deed of the allotted plot and hand over possession within four months along with damages to the extent of Rs.3,000/- and costs of Rs.1,000/-.

(3.) Appeals filed by OP/petitioner were dismissed by learned State Commission by one impugned order against which these revision petitions have been filed.