State Consumer Disputes Redressal Commission
Indore Develpment Authority, Indore vs Surbhi & Ors on 28 January, 2019
M.P.STATE CONSUMER DISPUTES REDRESSAL COMMISSION
PLOT NO. 76, ARERA HILLS, BHOPAL (M.P.)
ORDER SHEET
APPEAL NO. 805/2014
INDORE DEVELOPMENT AUTHORITY
VS.
SURBHI D/O HARISHANKAR AGRAWAL AND ANOTHER
28.1.2019 Shri Deepesh Shukla, learned counsel for appellant.
Shri Rakesh Solanki, learned counsel for respondent
No.1.
Shri Parag Kale, learned counsel for respondent No.2.
This order shall govern disposal of appeal Nos. 805/14 (Indore Development Authority vs. Surbhi and another), 806/14 (Indore Development Authority vs. Bharati and another), 807/14 (Indore Development Authority vs. Shainky and another), 808/14 (Indore Development Authority vs. Smt. Satnam Kaur and another), 809/14 (Indore Development Authority vs. Sangeeta and another), 810/14 (Indore Development Authority vs. Nisha and another), 811/14 (Indore Development Authority vs. Jayram and another), 812/14 (Indore Development Authority vs. Rakesh and another), 813/14 (Indore Development Authority vs. Shiv and another), 814/14 (Indore Development Authority vs. Rakesh and another), 815/14 (Indore Development Authority vs. Sandeep and another), 816/14 (Indore Development Authority vs. Arpit and another), 817/14 (Indore : 2 : Development Authority vs. Radheshyam and another), 592/14 (Vikas Apartment Cooperatives Housing Society vs. Shiv and another), 593/14 (Vikas Apartment Cooperatives Housing Society vs. Surbhi and another), 594/14 (Vikas Apartment Cooperatives Housing Society vs. Radheshaym and another), 595/14 (Vikas Apartment Cooperatives Housing Society vs. Jairam and another), 596/14 (Vikas Apartment Cooperatives Housing Society vs. Sandeep and another), 597/14 (Vikas Apartment Cooperatives Housing Society vs. Rakesh and another), 598/14 (Vikas Apartment Cooperatives Housing Society vs. Nisha and another), 599/14 (Vikas Apartment Cooperatives Housing Society vs. Rakesh and another), 600/14 (Vikas Apartment Cooperatives Housing Society vs. Bharti and another), 601/14 (Vikas Apartment Cooperatives Housing Society vs. Shaiky and another), 602/14 (Vikas Apartment Cooperatives Housing Society vs. Arpit and another), 603/14 (Vikas Apartment Cooperatives Housing Society vs. Sangeeta and another), 604/14 (Vikas Apartment Cooperatives Housing Society vs. Smt. Satnam and another), 2034/14 (Indore Development Authority vs. Smt. Aruna and another), 2035/14 (Indore Development Authority vs. Smt. Nikita and another), 2036/14 (Indore Development Authority vs. Smt. Rekha and another), 2037/14 (Indore Development Authority vs. Rupesh and another), 2038/14 (Indore Development Authority vs. Suresh Chandra and another), 1986/2014 (Vikas Apartment Cooperatives Housing Society vs. Smt. Rekha and another), 1987/14 (Vikas Apartment : 3 : Cooperatives Housing Society vs. Sureesh Chandra and another), 1988/14 (Vikas Apartment Cooperatives Housing Society vs. Rupesh and another), 1989/14 (Vikas Apartment Cooperatives Housing Society vs. Smt. Aruna Chandra and another), 1990/14 (Vikas Apartment Cooperatives Housing Society vs. Smt. Nikita and another), 885/13 (Indore Development Authority vs. Smt.Sulochana and another), 886/13 (Indore Development Authority vs. Smt. Shilpi and another), 887/13 (Indore Development Authority vs. Parul and another), 888/13 (Vikas Apartment Cooperatives Housing Society vs. Mrs. Rajni Agarwal and another), 889/13 (Indore Development Authority vs. Smt. Madhu and another), 890/13 (Indore Development Authority vs. Gagan and another), 2238/14 (Vikas Apartment Cooperatives Housing Society vs. Mrs. Rajni Agarwal and another), 2239/14 (Vikas Apartment Cooperatives Housing Society vs. Gagan and another), 2240/14 (Vikas Apartment Cooperatives Housing Society vs. Mrs. Malti Devi and another), 2241/14 (Vikas Apartment Cooperatives Housing Society vs. Mrs. Shilpi Agrawal and another), 2242/14 (Vikas Apartment Cooperatives Housing Society vs. Parul Goyal and another), 2243/14 (Vikas Apartment Cooperatives Housing Society vs. Mrs. Sulochana Goyal and another), 2244/14 (Vikas Apartment Cooperatives Housing Society vs. Mrs. Madhu Naredi and another) and 1094/13 (Indore Development Authority vs. Smt. Malti Devi and another).
: 4 :For the sake of convenience facts are taken from appeal No. 805/14 filed by the Indore Development Authority (for short 'the IDA').
2. Feeling aggrieved by the order dated 25th February, 2014, passed by District Consumer Disputes Redressal Forum, Indore (for short 'the Forum'), in complaint case No. 736/12, the IDA has come up in appeal.
3. According to learned counsel for the appellant/IDA, the seniority list amongst members eligible for allotment of plot is to be prepared by respondent No.2-Vikas Housing Cooperative Society (for short 'the Housing Society') and development charges are to be paid to the IDA by the Housing Society after collecting the same from those members, who are to be allotted the plots. The list of such eligible member, as per seniority list with the development charges and any other dues are to be forwarded by the Housing Society to the IDA and then only the IDA is required to execute lease deed. He submits that instead of passing such order the following directions are issued by the Forum, which equally bind the IDA for the various compliances, which primarily are to be done by the Housing Society. The operative paragraphs of the impugned order reads thus:-
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4. Learned counsel for respondents have not disputed the aforesaid position to the effect that the seniority list is to be prepared by the Housing Society and after collecting the development charges and other dues from the member concerned the same has to be remitted to the IDA and then the IDA has to proceed further for execution of lease deed.
5. Learned counsel for the Housing Society submits that in terms of the letter dated 15.1.2019, Exhibit 'X', received from the appellant/IDA, necessary calculations about development charges and other amount to be paid by each member with further accrued interest shall be done and intimated to each eligible member by the Housing Society, within 10 days from the date of receipt of copy of this order and will be remitted to the IDA.
6. Learned counsel for respondents No.1-/member submits that as soon as the details of amount to be paid by each member is received from the Housing Society, the member shall pay the amount within one month from the date of receipt of such details from the Housing Society.
7. The learned counsel for the IDA submits that no sooner the amount is received, all necessary steps, including : 6 : execution of lease deed will be done by the IDA within two months from the date of receipt of the amount.
8. In the aforesaid circumstances, we dispose of this appeal by modifying the impugned order to the extent that as per the list of eligible member, which are 26 in number as stated by the learned counsel for the respondents which has already been forwarded by Housing Society to the IDA, the development charges of those shall be collected by the Housing Society and the dues, as informed by the IDA vide letter dated 15.1.2019, be deposited with IDA with accrued interest till the date of payment. The said letter of IDA dated 15.1.2019 is taken on record and is marked as Exhibit 'X', for identification.
9. The learned counsel for the parties submit that the parties will abide by the conditions mentioned in the said letter Exhibit 'X' and also abide by the time schedule fixed in paragraphs 5, 6 and 7 of this order.
10. We have been apprised by the learned counsel for the IDA that there are in all 35 plots available, and after allotting 26 plots as aforesaid, 9 more plots are available for being allotted to the eligible members of the Housing Society. In the circumstances so far as the remaining 9 plots are concerned, which are still to be allotted, the Housing Society is free to prepare seniority list, from members for allotment of these 9 plots and shall follow the same procedure by remitting the seniority list and the amount as may be payable after collecting it from eligible members as per seniority list. The IDA shall then execute the lease deed of those eligible members, who's amount the IDA may receive from the Housing Society, within two months from the date of receipt of list of 9 eligible members, with development charges and other dues
11. With the aforesaid direction and modification in the order, this appeal and all connected appeals are disposed of.
12. We also set aside the other part of the order. No order as to costs.
(Justice Shantanu Kemkar) (Dr. Monika Malik)
President Member
Mercy