LAWS(NCD)-2019-3-112

CHAIRMAN AND MANAGING DIRECTOR, AJEET AJAY ESTATE AND RESORT PVT LTD Vs. DINESH S/O BAPU SINGH PATIDAR

Decided On March 29, 2019
Chairman And Managing Director, Ajeet Ajay Estate And Resort Pvt Ltd Appellant
V/S
Dinesh S/O Bapu Singh Patidar Respondents

JUDGEMENT

(1.) The present Revision Petition is filed by the Petitioner under Section 21(b) of the Consumer Protection Act, 1986 against Order passed by the State Consumer Disputes Redressal Commission, M.P. (hereinafter referred to as the "State Commission") in Appeal No. 1909/2016 dated 04.05.2017.

(2.) In the Complaint Case, on 29.05.1998, the Respondent/Complainant made payment of Rs.25,000/- to the Petitioner/Opposite Party against membership to get a Plot of 2500 sq. ft. in Shell City Indore to be developed by the Petitioner. The total value of the aforesaid Plot was fixed as Rs.2,52,000/-. On 31.01.2003 the Respondent gave the agreed amount of Rs.2,52,000/- to the Petitioner. Thereafter, on various occasions the Petitioner gave assurances to the Respondent that he would be informed as soon as the work would be completed.The Petitioner further assured the Respondent that after giving the Plot, registry proceedings would be made. However, despite issue of legal notice by the Respondent, the Petitioner did not register the Plot in favour of the Respondent. A Complaint was, thus, filed by the Respondent alleging deficiency of service on the part of the Petitioner.

(3.) The Complaint was contested by the Petitioner stating that the receipt produced by the Respondent was wrong and was never issued by the Petitioner and that the Respondent filed the Complaint after ten years of cause of action.The Complaint was, thus, time barred. According to the Petitioner, the Respondent filed the Complaint with an intention to malign the image of the Petitioner. The Petitioner did not commit any deficiency in service and hence, prayed to dismiss the Complaint.