2009(3) Supreme 750
SUPREME COURT OF INDIA
D.K. Jain and R.M. Lodha, JJ.
Ludhiana Improvement Trust, Ludhiana & Anr. — Appellants
versus
Shakti Co-operative House Building Society Ltd. — Respondent
Civil Appeal No. 1866 of 2002
Decided on : 13-04-2009
(1989) 3 SCC 251 – Relied upon.
(b) Consumer Protection Act, 1986 – Sections 11, 17 and 21 – Power exercised by the three consumer fora for redressal of consumer complaints is quasi-judicial in nature. (Para 16)
Facts of the case :
1. In the year 1970, the appellant—Ludhiana Improvement Trust, Ludhiana formulated a scheme styled as Model Town Extension Scheme Part II and therefor proceedings for acquisition of land in certain villages as also lands owned by several co-operative housing societies were notified as part of the land proposed to be acquired. However, before the announcement of awards in respect of the lands to be acquired, representations were made by several societies to the Trust as also to the Government seeking exemption of their land from acquisition.
2. The respondent Society was also amongst those societies who were granted exemption. Notwithstanding making of the awards, the Trust neither took possession of the land belonging to the respondent nor paid any compensation.
3. Subsequently in the year 1981-82, the Government also issued a notification for abandonment of proposal for acquisition of lands belonging to these societies, the respondent Society being one of them.
4. It appears that after the issue of the said exemption notification, the respondent Society requested the Trust to allot plots to their members as large portions of their land were under encroachment. The Trust did not accept the request of the Society for allotment of plots and till the year 1990 nothing tangible seems to have happened.
5. Having failed to get any response from the appellant, on 1st March, 1996, the Society, through its secretary filed a complaint before the District Consumer Disputes Redressal Forum under the Consumer Protection Act, 1986.
6. The District Forum allowed the complaint
7. Aggrieved by the said order, the appellant went in appeal to the State Commission. The State Commission affirmed the decision of the District forum.
8. National Commission has dismissed appellant’s petition.
Finding of the Court :
Appellant cannot be held to have indulged in unfair trade practices.
Result : Appeal allowed with cost.
JUDGMENT
D.K. Jain, J.—
This appeal by special leave is directed against the order dated 22nd March, 2001 passed by the National Consumer Disputes Redressal Commission, New Delhi, hereinafter referred to as “the Commission” whereby the Revision Petition No. 705 of 1999 filed by the appellants against the decision of the State Consumer Disputes Redressal Commission, Punjab (for short “the State Commission”) directing delivery of possession of a plot of land to the respondent has been dismissed.
2. Material facts, giving rise to the appeal are as under:
3. In the year 1970, the appellant—Ludhiana Improvement Trust, Ludhiana, hereinafter referred to as “the Trust”, formulated a scheme, styled as Model Town Extension Scheme Part II. For the said purpose, proceedings for acquisition of land in certain villages were initiated. Lands owned by several co-operative housing societies were also notified as part of the land proposed to be acquired. However, before the announcement of awards in respect of the lands to be acquired, representations were made by several societies to the Trust as also to the Government seeking exemption of their land from acquisition. The Trust acceded to the request by some of the societies and recommended to the Government that the land of these societies be exempted from acquisition, which was accepted by the Government. The respondent Society was also amongst those societies who were granted exemption. Notwithstanding making of the awards, the Trust neither took possession of the land belonging to the respondent nor paid any compensation. Subsequently in the year 1981-82, the Government also issued a notification under Section 56 of the Punjab Town Improvement Act, 1922 for abandonment of proposal for acquisition of lands belonging to these societies, the respondent Society being one of them.
The exemption was on certain terms and conditions with which we are not directly concerned in this appeal.
4. It appears that after the issue of the said exemption notification, the respondent Society requested the Trust to allot plots to their members as large portions of their land were under encroachment. Apparently, the request of the Society was not legally correct inasmuch as due to the exemption, the Society remained owner of their land and the Trust was neither competent nor under any obligation to allot plots to them. Thus, the Trust did not accept the request of the Society for allotment of plots and till the year 1990 nothing tangible seems to have happened. However, when one B.D. Aggarwal took over as Chairman of the Improvement Trust, the process for allotting plots to certain societies suddenly gained momentum. So much so, the land of one Society was exchanged with the land of another Society and plots were allotted even on the land belonging to the Trust. In the case of the respondent Society, as per condition of exemption, the Society could carve out plots in area admeasuring upto 23,000 sq. yds. but the Trust carved out 154 plots in 23,800 sq. yds. Out of these, 123 plots were given to the Society including 25 plots in the land belonging to other societies and 3 plots on Trust’s land. It seems that the Society was not satisfied with the said allotment, inasmuch as its stand was that the Trust, through its Chairman had taken over the land of the Society by acquisition and had promised to allot about 151 plots. Out of 151 plots the possession of one plot bearing No.32, measuring 150 sq. yds situated in Model Town Extension Part II Block C, Dugri Road, Ludhiana, was not given by the Trust to the Society on the ground that a suit in respect of the private land, which was subject matter of Plot No. 32 had been filed. The said civil suit was decreed and land on which Plot No. 32 had been carved out was held to be belonging to one Gurcharan Singh. After the decree, the Society requested the appellant to allot alternative plot to them in lieu of Plot No. 32.
5. Having failed to get any response from the appel
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