IMPORTANT POINT
Against rejection of Review Petition by State Commission, Revision Petition is liable to be dismissed by National Commission as the dismissal of review petition by State Commission cannot be said to be in any way illegal or erroneous.

M.B. Shah, President — In Complaint No. 390/1998, filed before the District Forum, Nasik, the complainant contended that M/s. Ashish Shelters & Developers floated a number of construction schemes at Nasik. One of the schemes was in Survey No. 251/1/1 for which an advertisement was given. As the complainant was in need of a house for his residential purposes, he gave the purchase price from time to time. It was pointed out that for allotting the constructed houses, agreement was also executed on 1.1.1992, which was Notorized and Registered. It was pointed out that the complainant had paid, in all, a sum of Rs.63,500/- and as per the agreement, the Builder was required to deliver the possession within 18 months. The Builder neither constructed the house nor handed-over the possession. Instead of delivering the possession of the house to the complainant, it was contended that the Builder gave possession of all the constructed houses to the members of Sharda Co-operative Housing Society. When the complainant came to know about it, Notice was given to the Builder as well as to the Society. Hence, Complaint No.390 of 1998 was filed before the District Forum Nashik.

2 After hearing the parties, the District Forum allowed the complaint partly and directed the Builder to refund the amount of Rs.63,500/- with interest at the rate of 15% from 30.3.1995 till its payment and Rs.10,000/- as compensation. No order was passed against the Society to whom the Builder has handed-over possession.

3. Against that order, Appeal No. 195 of 2001 was filed by the complainant before the State Commission.

4. The developer, Ashish Shelters & Developers Pvt. Ltd., also preferred Appeal No.382/2001 before the State Commission.

5. Both the Appeals were heard together and the State Commission appointed Shri R. P. Patil, Junior Engineer, Town Planning Department, Nasik Municipal Corporation, as Court Commissioner, who reported that the plot in question, i.e., Plot No.41, was in possession of Sharda Co-operative Housing Society, Laxmi Nagar, Panchvati. At that stage, learned counsel for the complainant stated that they were ready and willing to take possession of the said plot and on behalf of the Builder it was stated that they have no objection if the possession of the said plot is handed-over to the complainant. At that time, nobody appeared on behalf of the Society and the order was passed accordingly. On that basis, the order passed by the District Forum was modified and a direction was given to the Society to hand-over possession of the plot to the complainant. The State Commission also reduced the compensation from 10,000/-to Rs.3000/-.

6. Against that order, Sharda Co-operative Housing Society filed a Review Application. It is to be stated that prior to that, possession of the plot was delivered to the complainant on 24.2.2004. Registered Sale Deed was also executed on 31.1.2004 as per the direction given by the State Commission.

7. In the Review Application, the State Commission observed that the order passed by the State Commission has achieved finality and nothing was required to be done at that stage. Hence, the Review Application was rejected by order dated 29.3.2005. Against that order, the Society has preferred this Revision Petition.

8. In our view, the impugned order passed by the State Commission cannot be said to be in any way illegal or erroneous. It is established on record that the Builder has agreed to transfer the plot in question in favour of the complainant by executing a Deed on 1.1.1992. As per the agreement, the cost of construction was contemplated at Rs.1,50,000/-. The complainant has paid Rs.11,000/- to the Builder against the development of the land in the agreement, there is a specific clause to the effect that after completing the construction work, the Builder shall register the Housing Society of members as per Section 10 of the Maharashtra Co-operative Housing Societies Act and that after registration of the Society, the Bu