GHAZIABAD DEVELOPMENT AUTHORITY Vs. SHREE KRISHNA SINGHANIA

JUDGEMENT

(1.) These Revision Petitions, under Sec. 21(b) of the Consumer Protection Act, 1986 (for short "the Act"), are directed against the orders dated 30.9.2008, passed by the West Bengal State Consumer Disputes Redressal Commission at Kolkata (for short "the State Commission") in SC Case Nos. 365 and 366/A/07. While the Revision Petitions No. 4876 of 2008 and 1289 of 2009 have been filed by Ghaziabad Development Authority (for short the "GDA"), the sole Opposite Party in the Complaints under the Act, Revision Petition No. 483 of 2009 has been filed by the Complainant, Shree Krishana Singhania (since deceased). By the impugned orders, while partly allowing the Appeals, preferred by GDA, the State Commission has directed it to communicate to the Complainants the details of amounts payable by them in respect of the plots in question and deliver possession thereof within three months from the date of the said orders, on payment of the said amounts by them. However, the direction by the District Forum to GDA to pay compensation to the Complainants has been set aside.

(2.) The Appeals before the State Commission, had been filed by GDA against the two orders, both dated 06,09.2007, passed by the District Consumer Disputes Redressal Forum Unit-1, Kolkata (for short "the District Forum") in Complaint Case Nos. 94 of 2003 and 604 of 2002. By the said orders, the District Forum had allowed the Complaints and had directed GDA to deliver the possession of the plots in question to the Complainants, besides paying to them compensation, ranging between Rs. 5,000 to 30,000, and litigation costs, between Rs. 3,000 to Rs. 5,000, within two months from the date of the said orders, with a default stipulation of interest @ 8% p.a, on the aforesaid amounts.

(3.) Since the facts, the issues and the relief prayed for and granted in both the complaints are identical, these Revision Petitions are being disposed of by this common order. However, for the sake of convenience, Revision Petition No. 483 of 2009, arising out of Complaint Case No. 94 of 2003, is treated as the lead case and the facts, culled out from the said Complaint, are taken as illustrative.