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N.K.JAIN, B.L.KHARE, PRAMILA S.KUMAR
Gayatri Grih Nirman Sahakari Sanstha – Appellant
Versus
R. S. Das – Respondent


Advocates:
Counsel for the parties:
For the Appellant/Respondent: Ku. Bharati, Learned Counsel for Dinesh Sharma.
For the Respondent/Appellant: Shri
H.P. Budholiya, Learned Counsel for Gayatri Grih Nirman Sah. Sanstha.

ORDER

N.K. Jain, President — Both these Appeals No. 1314/03 and 1812/03 arise from the order dated 17-7-2003 passed

by District Consumer Disputes Redressal Forum, Bhopal in case No. 578/2002 requiring opposite party — “Gayatri Grih Nirman Sahakari Sanstha Maryadit” to refund to the complainant Rs. 7300/-.

2. The demand of the complainant was that the opposite party-society be directed to develop the plot and deliver possession of the developed plot to him as per terms and conditions of the sale deed executed in his favour by the society.

3. It is significant to note that the entire cost of plot for which the sale deed was executed was fixed at Rs. 7,300/- and a break up was provided in the sale deed showing cost of the plot at Rs. 300/- and development charges Rs. 7,000/-. As per this sale deed the possession of the half deveoped plot has already been delivered to the complainant. In para 5 it was further stated :

YAH KE UKT BHUKHAND V COLONY KE JO VIKAS KARYA SHESH RAH GAYE HAI USKE LIYE SADASYA SANSTHA MAIN JO VIKAS RASHI KI AVASHYAKTA PADEGI USE JAMA KARNE KA PABAND RAHEGA TAB HI SHESH VIKAS KARYA SANSTHA DUARA KARAI JAYANGE.

4. A bare perusal of the sale deed would show that Rs. 730













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