IMPORTANT POINT
Omission of respondent to pay amount disentitles him for allotment of plot.

Rekha Gupta, Presiding Member—The present revision petitions have been filed against the judgment dated 19.06.2009 of Madhya Pradesh State Consumer Disputes Redressal Commission, Bhopal (‘the State Commission’) in First Appeal nos. 423, 421 and 422 of 2009 and 3043, 3045, 3044 and 3044 of 2008.

2. In these revision petitions the facts are similar and common question of law is involved, hence, I propose to pass a common order. The facts of case are taken from RP no. 3539 of 2009 as a lead case.

3. The facts of the case as per the respondent/ complainant are that the respondent was the member of the petitioner/ opposite party Society and the amount paid by the respondent had been admitted by the petitioner.

4. Apart from the above admitted fact, it was contended by the respondent in his complaint that he became the member of the Society on 28.05.1989 by paying a sum of Rs.100/- as part payment and Rs.5/- towards the Membership charges. The petitioner’s society has neither allotted the plot in his favour nor has the sale deed has been executed in his favour. It was also contended by the respondent that it came to his knowledge in December 2006, that the petitioner had started allotting plots in favour of some third parties. On 15.12.2006 he requested the petitioner Society for allotment of the plot, as he had already deposited the complete amount and the development charges, but despite the said act, the Society did not allot the plot in his favour, which was a deficiency in service. Hence, a complaint was filed before the District Forum, Bhopal with the following prayer:

(a) Direct the opposite party to deliver the vacant possession of 1000 sq ft plot situated at Bawadia Kala, E 8 Arera Colongy, Bhopal and execute the conveyance deed in respect of the said plot;

(b) Award for a sum of Rs.5,25,000/- in favour of the complainant;

(c) Interest @ 18% per annum from the date of filing of this complaint till actual realisation on the said amount;

(d) Cost of this complaint may also be awarded to the complainant; and

(e) Any other relief the Hon’ble Forum may deem fit under the circumstances in favour of the complainant in the interest of justice and fair adjudication of the law may also be awarded,

5. The petitioner in their reply stated that the respondent had never been allotted any plot of 1000 sq ft. They contended that the respondent has neither contacted them during the last six years nor has he deposited the development charges as demanded. The respondent has malafidely filed this complaint. In the year 2001, the Society had fixed the development charges at Rs.81/- per sq ft and the members who had deposited the development charges, had been allotted the plots. The respondent had not deposited any amount towards development charges. It has also been contended by the petitioner that as the cost of the plot has been increased and hence, the development charges has been fixed at Rs.125/- per sq ft and the respondent was asked to deposit the development charges and the lease rent in one instalment. But till date, the respondent has not deposited the complete development charges and hence, the respondent had no right to get a plot allotted in his favour and the complaint filed by the respondent deserves to be dismissed as not sustainable. Hence, prayed for dismissal of the complaint.

6. The District Consumer Disputes Redressal Commission, Bhopal (MP) (‘the District Forum’) vide its order dated 07.11.2008 while allowing the complaint observed as under:

“Hence, in these circumstances, the complainant is the member of the Society and he has right to get a plot in her favour. It is not clear whether any notice has been sent to the complainant regarding depositing of complete development charges. In these circumstances, the opposite party has committed deficiency in service in not sending the notice of depositing of payment of outstanding amount and in not allotting the plot in favour of the complainant. Thus, it is nec