DLM ENCLAVE Vs. NARESH BATHAM

JUDGEMENT

(1.) This revision petition has been filed under section 21(b) of the Consumer Protection Act, 1986 against the impugned order dated 20.05.2013, passed by the Madhya Pradesh State Consumer Disputes Redressal Commission (for short 'the State Commission') in RP No. 54/2013, "DLM Enclave and Anr. vrsus Naresh Batham," vide which the said petition against the order dated 30.04.2013, passed by the District Consumer Disputes Redressal Forum, Bhopal in complaint no. 668/2012, was dismissed.

(2.) Brief facts of the case are that the complainant / respondent filed the consumer complaint in question before the District Forum Bhopal, alleging that he entered into an agreement dated 20.02.2000 with the petitioners/OPs according to which, he was to purchase a plot for his own use from the petitioners/OPs at village Chhapari (Ratibar), Tehsil Huzur, District Bhopal. Plot No. B-79, measuring 2000 sq. ft. @ Rs. 12/- per sq. ft was allotted to him. As per the agreement, he was required to pay the registration fee only at the time of execution of the registration deed. According to the complainant, he was required to make payment of Rs. 24,000/- for the 2000 sq. ft. plot and Rs. 1000/- as membership fee, in total Rs. 25,000/- to the petitioners/OPs. The complainant made payment of this amount in full till 08.07.2003, but despite making payment, the OPs did not take any action in getting the sale deed executed in his favour. The complainant filed the consumer complaint in question, requesting for a direction to the OPs/Petitioners to get the sale-deed registered in his favour or in the alternative, to refund the cost of the flat @ Rs. 700/- per sq. ft., i.e., Rs. 14 lakh and Rs. 5 lakh as compensation for harassment.

(3.) In their written statement filed by the petitioners/OPs, it was contended that the complaint was barred by limitation as per section 24A of the Consumer Protection Act, 1986, because it was made after a period of 12 years from the date of agreement and after a period of 9 years from the date of last payment. Moreover, the relief in question, could be allowed only by a civil court of competent jurisdiction. The petitioners also denied that the price of the developed plot was Rs. 12 per sq. ft. In fact, Rs. 12 per sq. ft. was the price of the undeveloped plot. The complainant was required to make payments as per the payment schedule, failing which, the petitioner had the right to increase the price of the plot. Moreover, the allotment was liable to be cancelled for failure of the complainant to make payments in time. The petitioners/OPs also stated that the price had been hiked to Rs. 30/- per sq. ft. and the complainant had been informed accordingly.