DILEEP KUMAR Vs. JAIPUR DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) These revision petition Nos.3040 of 2016, 3041 of 2016, 3042 of 2016, 3043 of 2016 & 3044 of 2016 have been filed by Dileep Kumar, Besant Kumar, RenuVerma, Sanjay Pandey & Trilok Chand Jain, petitioners against the order dated 19.07.2016 of the Rajasthan, State Consumer Disputes Redressal Commission, (in short 'the State Commission') passed in Appeal Nos.73 of 2011, 74 of 2016, 76 of 2016, 77 of 2016 & 78 of 2016 respectively. As facts and questions of law are same in all these revisions, they are being decided by a common order. The revision petition No.3040 shall be taken as the representative petition.

(2.) Brief facts of the case are that the petitioner on 11.01.2003 purchased a plot of land measuring 252 Square Meter in Ram Nagariya residential Extension Scheme, Jaipur from respondents. On 11.01.2003, the petitioner deposited with the respondents the cost of it Rs.2,92,975/- through challan. On 20.10.2010, in 158th meeting, respondents took decision that for extra area of plot allotted to consumers more than area prescribed, cost of such extra area shall be charged more than double to reserve cost. It has been alleged by the petitioners/complainants that this is not proper. In the year, 2013 the complainant filed complaint before the District Forum with prayer to direct respondents to charge cost for plot at reserve rate only from complainant. It was also prayed to hand over possession of plot to him forthwith and the respondents may be directed to pay interest @ 24% per annum on amount of Rs.2,92,275/- from date of deposit made by complainant towards cost of plot on 11.01.2003 till date of handing over actual possession of plot. It was further prayed that for mental agony, physical pain and economic loss caused to him, each of the respondents be directed to pay compensation of Rs.5,00,000/- to complainant and for expenses of complaint Rs.31,000/- be ordered to be paid. On 28.09.2015, the District Forum allowed complaint of petitioner awarding him compensation of Rs.10,00,000/- from respondents and towards expenses of complaint an amount of Rs.20,000/- was awarded. In the year, 2016, challenging order passed by District Forum, respondents filed First Appeal No.73/2016, before learned State Commission, Rajasthan, Jaipur and prayed for allowing their appeal and quashing the order of the leaned District Forum. The respondents JDA along with their appeals also filed an application U/s. 5, Limitation Act, 1963 praying therein for allowing it and condoning the delay caused in filing the appeals. On 19.07.2016, the State Commission allowed application of respondents on payment of cost of Rs.2,000/-.

(3.) Hence, this revision petition.