National Consumer Disputes Redressal
Indore Development Authority vs Shyam Lal & Anr. on 26 November, 2015
NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI REVISION PETITION NO. 2528 OF 2015 (Against the Order dated 08/07/2015 in Appeal No. 1784/2011 of the State Commission Madhya Pradesh) WITH IA/6959/2015 1. INDORE DEVELOPMENT AUTHORITY Through Chairman, 7, Race Course Road, Indore Madhya Pradesh ...........Petitioner(s) Versus 1. SHYAM LAL & ANR. S/o. Sh. Kanhaiyalal Jayaswal, R/o. 24, Maa Ambika Nagar, Near Sangam Nagar, Indore Madhya Pradesh 2. Navbharat Grah Nirman Sahkari Sanstha Office at Joint Commissioner Sahkarita, Labour Camp, Jail Road, Indore Madhya Pradesh ...........Respondent(s) REVISION PETITION NO. 2529 OF 2015 (Against the Order dated 08/07/2015 in Appeal No. 1785/2011 of the State Commission Madhya Pradesh) WITH
IA/6959/2015 1. INDORE DEVELOPMENT AUTHORITY Through Chairman, 7, Race Course Road, Indore Madhya Pradesh ...........Petitioner(s) Versus 1. HEM CHANDRA & ANR. S/o Sh. Parshuram Bable, R/o. 1/7, Harshidhi, Main Road, Indore Madhya Pradesh 2. Navbharat Grah Nirman Sahkari Sanstha Office at Joint Commissioner Sahkarita, Labour Camp, Jail Road, Indore Madhya Pradesh ...........Respondent(s) REVISION PETITION NO. 2530 OF 2015 (Against the Order dated 08/07/2015 in Appeal No. 1786/2011 of the State Commission Madhya Pradesh) WITH IA/6959/2015 1. INDORE DEVELOPMENT AUTHORITY Through Chairman, 7, Race Course Road, Indore Madhya Pradesh ...........Petitioner(s) Versus 1. DISHANT SINGH & ANR. S/o. Bahadur Singh Rajput, R/o. 161/61, Pipalyarao, Indrapuri Colony, Indore Madhya Pradesh 2. Navbharat Grah Nirman Sahkari Sanstha Office at Joint Commissioner Sahkarita, Labour Camp, Jail Road, Indore Madhya Pradesh ...........Respondent(s) REVISION PETITION NO. 2531 OF 2015 (Against the Order dated 08/07/2015 in Appeal No. 1787/2011 of the State Commission Madhya Pradesh) WITH IA/6959/2015 1. INDORE DEVELOPMENT AUTHORITY Through Chairman, 7, Race Course Road, Indore Madhya Pradesh ...........Petitioner(s) Versus 1. JITENDRA & ANR. S/o. Sh. Babulal Sharma, R/o. 100, Anil Nagar, A.B. Road, Indore Madhya Pradesh 2. Navbharat Grah Nirman Sahkari Sanstha Office at Joint Commissioner Sahkarita, Labour Camp, Jail Road, Indore Madhya Pradesh ...........Respondent(s) REVISION PETITION NO. 2532 OF 2015 (Against the Order dated 08/07/2015 in Appeal No. 1788/2011 of the State Commission Madhya Pradesh) WITH IA/6959/2015 1. INDORE DEVELOPMENT AUTHORITY Through Chairman, 7, Race Course Road, Indore Madhya Pradesh ...........Petitioner(s) Versus 1. SUSHMA RANI SINGH & ANR. W/o. Sh. Nihal Singh R/o. 161/61, Pipalyarao, Indrapuri. Indore Madhya Pradesh 2. Navbharat Grah Nirman Sahkari Sanstha Office at Joint Commissioner Sahkarita, Labour Camp, Jail Road, Indore Madhya Pradesh ...........Respondent(s) REVISION PETITION NO. 2533 OF 2015 (Against the Order dated 08/07/2015 in Appeal No. 1489/2011 of the State Commission Madhya Pradesh) WITH IA/6959/2015 1. INDORE DEVELOPMENT AUTHORITY Through Chairman, 7, Race Course Road, Indore Madhya Pradesh ...........Petitioner(s) Versus 1. BAHADUR SINGH & ANR. S/o. Sh. Udairam Singh Rajput, R/o. 161/61, Pipalyarao, Indra Puri Colony, Indore Madhya Pradesh 2. Navbharat Grah Nirman Sahkari Sanstha Office at Joint Commissioner Sahkarita, Labour Camp, Jail Road, Indore Madhya Pradesh ...........Respondent(s) BEFORE: HON'BLE MR. JUSTICE D.K. JAIN, PRESIDENT HON'BLE MRS. M. SHREESHA, MEMBER For the Petitioner : MR. ANIL K. SHARMA For the Respondent :
Dated : 26 Nov 2015 ORDER These six Revision Petitions, by the Indore Development Authority, are directed against the orders, all dated 08.07.2015, passed by the Madhya Pradesh State Consumer Disputes Redressal Commission at Bhopal (for short "the State Commission") in Appeals -3- no.1784 to 1789 of 2011. By the impugned orders, the State Commission has affirmed the orders passed by the District Consumer Disputes Redressal Forum, Indore (for short "the District Forum") in Cases no.1071, 987, 984, 981, 991 and 989 of 2009, whereby the Petitioner Authority was, inter alia, directed to get the plots, alleged to have been allotted to the Complainants in Vigyan Nagar, Indore, registered in the name of the Complainants with a direction that the Society, Opposite Party no.2 before the District Forum, shall have the right to receive the enhanced cost of development from the Complainants. The State commission has dismissed the Appeals by following its earlier order, dated 07.02.2009, in FA no.430 of 2008.
When the cases came up for motion hearing, we had asked learned Counsel appearing for the Authority to seek instructions as to whether the order relied upon in the impugned order had been challenged or not. Learned Counsel states that as per his instructions, the said order was not challenged and has in fact attained finality.
Having regard to the fact that the State Commission has merely relied upon its earlier order, which was made on identical set of facts, and the said order has been accepted by the Petitioner Authority, we do not read any Jurisdictional error in the impugned orders, warranting our interference in Revisional Jurisdiction.
-4-At this stage, learned Counsel appearing for the Petitioner Authority prays that a direction may be issued to the Deputy Registrar, Cooperative Societies to expedite the finalization of the proceedings relating to inter-se seniority of the Complainants. It is submitted that though the District forum had directed the said Authority to take a final decision on the said question within four months from the date of its order, no final decision has so far been taken in that regard. Under the circumstances, we would once again request the Registrar Cooperative societies, Madhya Pradesh to ensure that the final decision in the proceedings, stated to be pending before the Deputy Registrar, is pronounced expeditiously, failing which it will be open to the Petitioner Authority to seek appropriate remedy, as may be advised, for getting the issue settled at the earliest. With the above observations, all the Revision Petitions are dismissed in limine.
......................J D.K. JAIN PRESIDENT ...................... M. SHREESHA MEMBER