ORDER

The present Revision Petition has been filed by the Petitioners/Opposite Parties against order dated 12.04.2018 passed by the Madhya Pradesh State Consumer Disputes Redressal Commission, Bhopal (for short “State Commission”) in First Appeal No. 1204 of 2016.

2. The brief facts of the case are that the Complainant/Respondent was working in Rewa, M.P. during the year 1982-83 and purchased a plot during that time from the Opposite Party/ Petitioner Society by depositing Rs. 300/- on 16.01.1982, Rs. 3,000/- on 12.05.1982, Rs. 6,950/- on 29.08.1983 and Rs. 100/- on 20.03.1986. After the Complainant was transferred from Rewa, he was informed by the Opposite Party that Plot No. 341 in Block B-10, Sector 3, measuring 4000 sq. feet of 80 X 50 at Anantpur was allotted to him. The registry of the plot was sent by post to the Complainant but the physical possession was never handed over to him. On receiving letter from the Complainant seeking information of the date of handing over possession of the Plot, the Opposite Party, in its letter dated 25.02.1986, stated that an amount of Rs. 100/- is outstanding. The Complainant sent the amount on 05.03.1986 through draft and its acknowledgement receipt was sent by Opposite Party on 20.03.1986. However, there was no information as to the possession of the plot to the Complainant. Even after multiple reminders by the Complainant regarding possession of the Plot, there was no reply. Later he was told that there was some dispute regarding plots in Block 10, Sector 3, Anantpur and as soon as the dispute was resolved, he would be informed as to the possession of the plot. In the year 2013, son of the Complainant personally contacted the Respondent and requested to handover the possession of the Plot. The Manager, then informed that number of Plots have been cancelled and a notice has been published in the Newspaper with respect to the same. The Complainant through a letter, dated 16.04.2015 requested for the possession of the plot, and the Opposite Party refused to hand over the same. Alleging deficiency in service on the part of the Opposite Parties, the Complainant filed Consumer Complaint in the District Forum with following prayer:—

“(a) A developed plot of 80 X 50 sq. feet, total area 4000 sq. feet may be got handed over to the applicant/ complainant from the respondent.

(b) All the expenses of case may be got paid to the applicant from the respondents and any other relief, as deemed fit by the Hon’ble Court, may also be allowed in favour of the applicant.”

3. The Complaint was contested by the Opposite Parties by filing a written statement. The Opposite Parties took preliminary objection that the Complaint was not maintainable as the Complaint was related to the management and business of the Society and only Society Registrar had the jurisdiction to hear matters relating to Society. Also, it was stated that the Complaint is barred by limitation as the Complainant was handed over the Plot on 15.08.1986 subject to the conditions and bye laws of the Society. It was admitted that the Complainant had deposited the specified amount with the society, and the Society gave information on 20.03.1986 regarding handing over of the possession. Other facts stated by the Complainant were denied. It was stated in the bye law No. 43 of the Society that the Member is required to construct on the Plot. In case, the building is not constructed within three years, it would be presumed that the plot is surrendered to the Opposite Party Society. The Complainant did not start any construction on the Plot. In accordance to the Bye Law No. 43, a notice was published in a daily newspaper ‘Navbharat’ on 06.02.2006 in the name of the Complainant. The Opposite Party had, therefore, not committed any deficiency in service.

4. After hearing the Learned Counsel for the Parties and perusing the record, the District Forum, vide order dated 29.07.2016 allowed the Complaint in following terms:—

“10. In this manner, in view