NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI
AVM J. Rajendra, AVSM VSM (Retd.), Presiding Member
Shrikrushna Godghate and Ors. – Petitioners
versus
M/s. Tiwari Land Developers
Corporation – Respondent
Revision Petition Nos.1690, 1691, 1692, 1693, 1694, 1695, 1696, 1697, 1698, 1699, 1700, 1701, 1702, 1703, 1704, 1705, 1706, 1707, 1708 and 1709 of 2019
Decided on 22.3.2024
Consumer Protection Act, 1986 – Section 21(b)[Consumer Protection Act, 2019 – Section 58(1)(b)] – Revision – Enhanced Relief – Confirmation of – In the present case, there has been protracted lapse of time in the Complainants agitating their grievances and the learned State Commission has granted the enhanced relief – The order passed by the learned State Commission has been accepted and already complied with by the Opposite Party. With due regard to the legal position of the case and the established precedents, there is no scope for further compensation for the Complainants in the matter. [Paras 10 to 17].
Result: Petition dismissed.
ORDER
These twenty Revision Petitions No.1690 to 1709 of 2019 have been filed under Section 21(b) of the Consumer Protection Act, 1986 (hereinafter referred to as the “Act”) by the Petitioners/ Complainants challenging the Impugned orders dated 16.03.2019, passed by the State Consumer Disputes Redressal Commission, Maharashtra, Nagpur Circuit bench (hereinafter referred to as the ‘State Commission’), pertaining to twenty First Appeal Nos. A/18/120 to A/18/138 & A/18/177. The State Commission, in response to these twenty Appeals filed by the Petitioners/Complainants, partly upheld the impugned orders. However, it modified clause No.2 of the operative part, specifically altering the interest rate from 4% p.a. to 12% p.a. on the refunded amount, while affirming the remaining portions of the order issued on 30.12.2017 by the District Consumer Disputes Redressal Forum, Wardha (referred to as the “District Forum”), in the twenty Consumer Complaints lodged by the Original Complainants.
2. There was a delay of 25 days in the filing of these twenty Revision Petitions. For the reasons stated in the applications and in the interest of justice, the delay is condoned.
3. Since the facts and questions of law involved in all the Revision Petitions are substantially similar, except for minor variations in dates, events and unit/ plot number, these Revision Petitions are being disposed of by this common Order. To facilitate clarity and convenience, Revision Petition No. 1690/2019 shall be considered as the primary / lead case, with the facts outlined below being extracted from Consumer Complaint No. 61/2014.
4. For the convenience, the parties are referred to as placed in the original Complaint filed before the District Forum & State Commission.
5. In brief, the Complainants, residing in Wardha, decided to purchase plots from the Lay-out of the Opposite Party (OP), who is a partner of Tiwari Land Developers Corporation. The OP purchased agricultural lands in Mouja Sindhi (Meghe) and made a layout with 110 plots, including Plot Nos. 8-A and 3, which the Complainant decided to purchase. The complainant paid Rs.500/- for each plot as per independent Earnest Notes executed on 07/05/1989. Subsequently, he made further payments totaling Rs.1,500/- for each plot, with the remaining balance to be paid at the time of registration of sale deeds. The OP assured execution of sale deeds within six months after sanctioning the layout. However, the layout faced obstacles due to being in a green zone, and, despite assurances, the OP failed to obtain the required sanctions. Meetings were arranged over the years, but no progress was made, and the OP attempted to increase the plot prices. After 24 years of waiting, the Complainant issued a legal notice on 07.03.2014, expressing readiness to pay the remaining amount and requesting execution of sale deeds. Despite this, the OP took no action. Feeling aggrieved, he filed a CC No.61/2014, seeking the execution of sale deeds or refund at current market rates, along with compensation sum of Rs.50,000/- towards harassment and Rs.10,000/- towards costs.
6. In response, the OP resisted each of the said consumer complaint by filing its written version before the District Forum.
7. The learned District Forum vide Order dated 30.12.2017 allowed the complaint in part with the following order
“//Final Order//
1. Complaint of the complainant is partly allowed.
2. The O.P. total amount of Rs. 3000/- deposited by the complainant for Plot No.8-A and Plot No.3 with interest @ 4 p.c.p.a. from 26/12/1990 till actual payment.
3. For the physical and mental harassment caused to the complainant due to deficiency in service, the O.P. shall pay compensation of Rs. 1,000/-.
4. Towards cost of the said complaint, the O.P. shall pay Rs.1,000/- to the complainant.
5. The O.P. shall comply the said order within 30 days from passing of the order.” (Extracted from True Translated copy)
8. Being aggrieved by the Order of the District
National Commission - Powers of the National Commission are very limited.
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No revision petition against the order passed in appeal filed under section 27-A of Act is maintainable before national commission.
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