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SUBHASH CHANDRA
Build India – Appellant
Versus
Shobha Shrivastava – Respondent
ORDER
This revision petition under section 21 (b) of the Consumer Protection Act, 1986 (in short, the ‘Act’) assails the order of the State Consumer Disputes Redressal Commission, Maharashtra, Circuit Bench at Nagpur (in short, ‘State Commission’) in First Appeal No. A/02/768 dated 19.12.2012 arising out of order dated 22.03.2002 of the District Consumer Disputes Redressal Forum, Nagpur (in short, ‘District Forum’) in Complaint No. 360 of 1995.
2. This order will also dispose of revision petitions 2093, 2094 and 2095 of 2013 which arise from the same order of the State Commission. For the sake of convenience, the facts are taken from RP No. 2092 of 2013.
3. Briefly stated, the facts of the case, as stated by the petitioner, are that one Wasudeo Harode and 6 others, are owners of plot nos. 16 to 38 at Kh. No 34/2 P.h. No. 11, Mouza Mankapur, Tahsil & District Nagpur. By way of an agreement dated 29.07.1989 they had agreed to hand over the land to petitioner no. 1 (Build India) to develop and construct an apartment scheme. Petitioner no. 2 was given a Power of Attorney on 25.07.1989 by all the land owners. The agreement authorized Petitioner no. 1 to execute agreements to sell flats
Civil Court – As per the judgement of civil court, since the land pertaining to the building in which the complainants are having flats is excluded in, there is no impediment for the Opponents in exe....
Limited Jurisdiction – Commission’s revisional Jurisdiction is limited. Since there were concurrent findings of fact regarding the deficiency of service by both lower courts, and no jurisdictional er....
The court established the principle that an executable order can be enforced by the decree holder, and a judgment debtor can seek enforcement of the decree by way of execution.
Revisional jurisdiction - Where two interpretations of evidence are possible, concurrent findings based on evidence have to be accepted and such findings cannot be substituted in revisional jurisdict....
(1) Statutory Authority – State Government / or KMDA which is a statutory authority of the State Government, cannot through a subsequent policy alter the conditions of original allotment on the basic....
“Change in layout plan of a housing scheme without intimation to allottees amounts to deficiency in service.”
No revision petition against the order passed in appeal filed under section 27-A of Act is maintainable before national commission.
The court ruled that execution proceedings under the Consumer Protection Act must follow statutory appeal routes, and revisional jurisdiction under Article 227 is not applicable.
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