State Consumer Disputes Redressal Commission
Vishnuswarup Radhamohan Bajaj vs Shobha Murlidhar Sulabhewar on 17 October, 2013
STATE CONSUMER DISPUTES REDRESSAL COMMISSION, MAHARASHTRA
STATE CONSUMER
DISPUTES REDRESSAL COMMISSION, MAHARASHTRA
CIRCUIT BENCH
AT NAGPUR
5 TH FLOOR,
ADMINISTRATIVE BUILDING NO. 1
CIVIL LINES,
NAGPUR-440 001
First Appeal
No. A/07/635
(Arisen out of Order Dated null in Case No. CC/06/342
of District None)
1.SHRI APPASAHEB EKNATH SAWANT R/o YAVATMAL Dist.Yavatmal ...........Appellant(s) Versus
1. NARSINGH Moryya Lohariprasad Morya, R/o Pusad, T.Pusad, Dist. Yavatmal
2. Nasimabi Wajirakha, R/o Pusad, T.Pusad, Dist. Yavatmal
3. Rajaullakhan Sataullakhan, R/o Pusad, T.Pusad, Dist. Yavatmal
4. Wajid Ahamadkhan Afzal Khan, R/o Masjid Ward Pusad, T.Pusad, Dist.
YAVATMAL ...........Respondent(s) First Appeal No. A/07/636 (Arisen out of Order Dated null in Case No. CC/06/270 of District Yavatmal)
1. VIJAY TRILOKCHAND BORUNDIYA R/o Mayadevi Plot, State Bank Chowk, YAVATMAL Vs.
1. Abdul Hannan Sheikh Lal, R/o Pusad, T.Pusad, Dist. Yavatmal
2. Abdul Hakim Sheikh lal, R/o Pusad, T.Pusad, Dist. Yavatmal
3. Wajid Ahamadkhan Afzal Khan, R/o Masjid Ward Pusad, T.Pusad, Dist.
YAVATMAL First Appeal No. A/07/637 (Arisen out of Order Dated null in Case No. CC/06/275 of District Yavatmal)
1. MACHINDRA R.KADAM R/o Mayadevi Plots, State Bank Chowk, YAVATMAL Vs.
1. Sayad Kadal Ali
2. Sheikh Rauf Sheikh Rustum
3. Shanoorkhan Rashikhan,
4. Dildarkhan Subhedarkhan
5. Naseer Ahmed Sheikh Rasul, All R/o Pusad, T.Pusad, Dist. Yavatmal
6. Wajid Ahamadkhan Afzal Khan, R/o Masjid Ward Pusad, T.Pusad, Dist.
YAVATMAL First Appeal No. A/07/664 (Arisen out of Order Dated null in Case No. Miscellaneous Application No. of District None)
1. RAJIV RADHAMOHAN BAJAJ R/o Nr.Government Milk Dairy, Murtizapur Road, AKOLA ...........Appellant(s) Versus
1. SHAIKH SHABBIR ABDUL RAUF
2. Ananda Mohan Bhagat, All R/o Sudarshan Nagar, Pusad, T.Pusad, Dist. Yavatmal ...........Respondent(s) First Appeal No. A/07/665 (Arisen out of Order Dated null in Case No. Miscellaneous Application No. of District None)
1. Vishnuswarup Radhamohan BAJAJ R/o Jai Mata Group,Nr.Shetki Niwas Pusad Dist.through POA RAJIV RADHAMOHAN BAJAJ Nr.Government Milk Dairy, Murtizapur Road, AKOLA ...........Appellant(s)
2. RAJIV RADHAMOHAN BAJAJ R/o Nr.Government Milk Dairy, Murtizapur Road, AKOLA Vs.
1. Alkabai Vilasrao Damodhare
2. Satish Sadashiv Khandare, All R/o Sudarshan Nagar, Pusad, T.Pusad, Dist. Yavatmal First Appeal No. A/07/666 (Arisen out of Order Dated null in Case No. Miscellaneous Application No. of District None)
1. Vishnuswarup Radhamohan BAJAJ R/o Jai Mata Group,Nr.Shetki Niwas Pusad Dist.through POA RAJIV RADHAMOHAN BAJAJ Nr.Government Milk Dairy, Murtizapur Road, AKOLA
2. RAJIV RADHAMOHAN BAJAJ R/o Nr.Government Milk Dairy, Murtizapur Road, AKOLA Vs. Shobha Murlidhar Sulabhewar Sheikh Usman Sheikh Yasin Ayubkhan Dawoodkhan Pathan Atikkhan Dawoodkhan Pathan Subhadrabai Babusingh Jadhav Sheikh Aslam Mohd.Ismail Babusingh Motiram Jadhav Halimkhan Hamidkhan All R/o Sudarshan Nagar, Pusad, T.Pusad, Dist. Yavatmal First Appeal No. A/07/667 (Arisen out of Order Dated null in Case No. Miscellaneous Application No. of District None)
1. Vishnuswarup Radhamohan BAJAJ R/o Jai Mata Group,Nr.Shetki Niwas Pusad Dist.
2. RAVIPRAKASH RADHAMOHAN BAJAJ R/o Jai Mata Group,Nr.Shetki Niwas Pusad Dist.
Both through POA RAJIV RADHAMOHAN BAJAJ Nr.Government Milk Dairy, Vs. Gajanan Sahebrao Irawar
2. Ramesh Namdeo Potey, All R/o Sudarshan Nagar, Pusad, T.Pusad, Dist. Yavatmal BEFORE:
HON'ABLE MR. B.A. Shaikh, Judicial PRESIDING MEMBER HON'BLE SMT.JAYSHREE YENGAL MEMBER HON'BLE MR.N. ARUMUGAM MEMBER PRESENT:
Proxy Adv.Smt.A.Deshpande holding for Adv.Kasture Adv.Dhumale for Respondents ORDER (17/10/2013) PER SHRI B.A.SHAIKH, HON'BLE PRESIDING JUDICIAL MEMBER
1.
All these seven appeals are being decided by this common order as common question of law and facts is involved in all of them. The common case of the complainants in seven complaints bearing CC Nos.270,275,342,335,336,337,338 all of 2006 in brief is that they are the purchasers of the plots and that the Opposite Party (for short OP) No.1 is the layout holder. The OP No.2 is the Power Of Attorney Holder of OP No.1 who sold the plots on the basis of that power of attorney to the complainants. The OP No.1 & 2 have not developed the land of that plots as per terms and conditions incorporated in the order passed by Revenue Authority for conversion of the said land from agricultural use to non agricultural use. Therefore, all the complainants are deprived of those amenities being the owner of the said plots. The complainants have described in their complaints, in detail all those amenities which are not provided to them. In brief, those amenities not provided are, electric supply, drinking water arrangement, construction of the roads and drains etc. Therefore, it is prayed by the complainants that direction be given to the OP Nos.1 & 2 to provide them the said amenities and also to pay them Rs.10000/- each towards mental harassment, Rs.500/- towards notice charges and Rs.5000/- towards cost of the complaint.
2. The Ops.appeared in those complaints and filed their written version. The OP No.1 in three complaints bearing Nos.270,275 & 342, all of the year 2006, made common submission that the arrangement for drinking water has been made and the electric supply has been taken by the complainants, that complaints are bad for non joinder of Gram Panchayat as a party, that the main Tar road of the layout has been constructed. There is no condition in layout sanction order to provide electric connection and water connection. It is also submitted that the roads and drains have been constructed while converting the land for non agricultural use. The borewell has been constructed by many plot owners.
3. The OP No.2, in the aforesaid three complaints Nos.270,275 and 342, all of 2006 have also filed written version and submitted that they have no concern with the matter as the OP NO.1 being the land owner, obtained order from Collector of Yavatmal for non agricultural use of the land, and then only, the complainatns purchased the plots. It is also submitted that the complaints are barred by limitation.
4. The OP Nos.1 & 2 filed their common version in the remaining four complaints bearing Nos.335,336,337 and 338 all of 06 and submitted in brief that these complaints are barred by limitation and that they are filed by more than one co mplainant without seeking permission from the District Forum, and hence they are not maintainable. It is further submitted that the complainants are not the consumers. They also submitted that all the amenities like road, drains, electric connection and drinking water supply have been already provided to the plot holders. They further submitted that the plots have been transferred to the concerned Gram Panchayat and it is the responsibility of that Gram Panchayat only to provide necessary amenities/facilities to the plot holders and that complainants purchased the plots after their satisfaction.
5. The District Forum below, after considering the evidence brought on record, came to the conclusion that the cause of action is continuous, that complaints are maintainable in the present form and no permission of the Forum was required for filing the same, that the affidavit filed by the Sarpanch of the Gram Panchayat shows that the development of the land is not made as per the layout sanction order, that the Commissioner appointed by the Forum, after due inspection, submitted a report that necessary amenities specified in the impugned order were not given to the plot holders and that the terms and conditions of the order passed by Additional District Collector, for conversion of Non Agricultural Use of that land are not complied with, and, without providing all the facilities and amenities to the complainants, the Ops. sold the plots to them (complainants). Therefore, it held that both the OP Nos.1 & 2 are jointly and severally liable to provide the same to the complainants. Accordingly, the Forum below, under impugned order, directed the OP Nos.1 & 2 to comply with all terms and conditions laid down in the order passed by Additional Collector, Yavatmal for conversion of the land for Non Agricultural Use and to obtain certificate about providing those facilities and amenities, from Additional Collector, Yavatmal and to submit the same within 6 months from the date of that order. Further direction is given to the OP 1 & 2 in the impugned order to pay to the respective complainants Rs.2000/- to respective complainants towards physical and mental harassment and Rs.1000/- towards cost of complaint within 30 days of that order. Further direction is given that copy of that order be sent to Additional Collector, Yavatmal for taking necessary action in this regard and for providing the facilities and amenities through the Ops. within 6 months as per its order and then for providing certificate of completion of work to the OPs.
6. Feeling aggrieved by the said common order in the said seven complaints, the Original Opponent No.1 in the respective complaints have preferred these seven appeals.
7. We have heard Learned advocates of the appellants and the Respondents/Ori.complainants. We have also perused the papers placed before us.
8. The Learned advocate of the appellants submitted that the impugned common order is erroneous as the appellants have developed the land as per order passed by Additional Collector, Yavatmal and this fact was not properly considered by the Forum below. He also submitted that the Forum below has not considered the fact that all these complaints are hopelessly barred by limitation, and that as the Gram Panchayat is not made a party to the complaints they are bad in law, and it is the responsibility of the Gram Panchayat only to maintain the road and to provide basic amenities to the plot holders. Hence he submitted that the impugned common order may be set aside.
9. The Learned Advocate of the Respondents supported the impugned order and submitted that the affidavit of the Chairman of the Gram Panchayat and the report of the Commissioner, brought on record are properly considered by the Forum below and it rightly held that the terms and conditions of the NA order are not complied with by the complainant. He therefore submitted that the appeals may be dismissed.
10. So far as the issue of limitation is concerned, we find that since the appellant has not complied with the terms and conditions of the order passed by Additional Collector, Yavatmal for providing necessary amenities and facilities to the Land converted for Non Agricultural Use, it can be said that the cause of action is continuous. Hence the complaints are not barred by limitation. Moreover, we also find that all these complaints are maintainable since the complainants are the Consumers as they have sought the relief based on the order passed by Additional Collector, Yavatmal for providing necessary amenities and facilities to their plots converted for Non Agricultural Use.
11. The Gram Panchayat is not a necessary party to these complaint since the complainants are seeking reliefs on the strength of order passed by Additional Collector, Yavatmal for providing necessary amenities and facilities to the Land converted for Non Agricultural Use. It is the main responsibility of the appellant and the Original OP No.2 to provide the said facilities and amenities to the respective plot holders.
12. Not only the Chairman of the concerned Gram Panchayat but the Commissioner appointed by the Forum below submitted before Forum that the facilities and amenities are not provided to the respective plot holders, which is properly considered by the Forum below in the impugned order. Therefore, we find no substance in the contention raised by the appellant that they have provided all those facilities and amenities to respective plot holders.
13. Hence we find no merit in all these appeals and they deserve to be dismissed.
ORDER All these appeals bearing Nos.A 635,636,637 & 664,665,666 &667 all of 2007 are hereby dismissed.
No order as to costs in these appeals.
[HON'ABLE MR.
B.A. Shaikh, Judicial] PRESIDING MEMBER [ HON'BLE SMT.JAYSHREE YENGAL] MEMBER [ HON'BLE MR.N. ARUMUGAM] MEMBER