STATE CONSUMER DISPUTES REDRESSAL COMMISSION MADHYA PRADESH FIRST APPEAL NO. SC/23/FA/840/2014 SMT.VARTIKA TOMA PATIN PRESENT ADDRESS - MORENA ,MADHYA PRADESH.

.......Appellant(s)

Versus GWALIOR DEV.AUTHORITY PRESENT ADDRESS - GWALIOR,MADHYA PRADESH.

.......Respondent(s)

BEFORE:

HON'BLE MRS. JUSTICE SUNITA YADAV , PRESIDENT HON'BLE MRS. DR. MONIKA MALIK , MEMBER FOR THE APPELLANT:

SMT.VARTIKA TOMA PATIN FOR THE RESPONDENT:

GWALIOR DEV.AUTHORITY DATED: 18/03/2026

ORDER

M. P. STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PLOT NO.76, ARERA HILLS, BHOPAL FIRST APPEAL NO. 840 OF 2014

(Arising out of order dated 16.04.2014 passed in Execution Case No.57/2011 by District Commission, Gwalior)

SMT. VARTIKA TOMAR,

W/O SHRI DALVEER SINGH TOMAR,

R/O BATALIAN, SANJAY COLONY,

MORENA (M.P.) … APPELLANT.

Versus

1. GWALIOR DEVELOPMENT AUTHORITY, THROUGH PRESIDENT, RAVI NAGAR, GWALIOR (M.P.)

2. SHRI ASHOK GRIH NIRMAN SAHAKARI SAMITI MARYADIT, GWALIOR THROUGH PRESIDENT RAVI MAHAJAN, R/O M-121, DARPAN COLONY, THATIPUR, GWALIOR (M.P.) ... RESPONDENTS.

FIRST APPEAL NO. 885 OF 2014 (Arising out of order dated 16.04.2014 passed in Execution Case No.57/2011 by District Commission, Gwalior)

SHRI ASHOK GRIH NIRMAN SAHAKARI SAMITI MARYADIT, GWALIOR THROUGH PRESIDENT RAVI MAHAJAN, R/O M-121, DARPAN COLONY, THATIPUR, GWALIOR (M.P.) … APPELLANT.

Versus

1. SMT. VARTIKA TOMAR, W/O SHRI DALVEER SINGH TOMAR, R/O BATALIAN, SANJAY COLONY, MORENA (M.P.)

2. GWALIOR DEVELOPMENT AUTHORITY, THROUGH PRESIDENT, RAVI NAGAR, GWALIOR (M.P.) ... RESPONDENTS.

BEFORE :

HON’BLE JUSTICE SUNITA YADAV : PRESIDENT HON’BLE DR. MONIKA MALIK : MEMBER COUNSEL FOR PARTIES :

Shri Manish Nema, learned counsel for the complainant.

None for the opposite party no.1-GDA Shri Hemant Sharma, learned counsel for the opposite party no.2-society.

-2-

O R D E R

(Passed On 18.03.2026)

Per Say Justice Sunita Yadav, President:

The complainant as well as the opposite party no.2-society have filed aforesaid First Appeal Nos. 840/2014 & 885/2014 against the order dated 16.04.2014 passed by the District Consumer Disputes Redressal Commission, Gwalior (for short ‘District Commission) in Execution Case No.57/2011.

2. Since both aforesaid appeals arise out of same order, therefore, they are taken up together and are being disposed of by this common order. For convenience facts are taken from First Appeal No.840/2014 unless otherwise stated. 3. Facts of the case in short are that the complainant had filed a C.C.No.256/2010 before the District Commission for directing the opposite parties for mutation of plot no.16 situated at Q-Block of Shatabdipuram residential scheme of the opposite party no.1-Gwalior Development Authority (GDA). The District Commission vide order dated 06.09.2010 passed in C.C.No.256/2010 allowed the complaint and directed the opposite party no.2-society to made available the record of plot to the opposite party no.1-GDA within a period of one month and thereafter, the -3-

opposite party no.1-GDA to proceed lawfully to get the mutation of the subject plot in favour of complainant within period of one month.

4. For compliance of order dated 06.09.2010 passed in 256/2010, by the District Commission, the complainant has filed an execution application 57/2011.

5. The opposite party no.1-GDA in reply before the District Commission submitted that in compliance of order dated 06.09.2010, the opposite party no.2- society did not make available the record regarding mutation of disputed plot despite letters dated 13.10.2010, 02.02.2011 and 03.05.2011, therefore, the opposite party no.2-society is responsible for non-compliance of order dated 06.09.2010. The opposite party no.2-society had filed a civil suit no.115/2003 of Civil Judge Class-II and later withdrawn the same. There were irregularities in allotment of plots to the opposite party no.2-society because as per record of the opposite party no.1-GDA said plots were not allotted to the opposite party no.2-society. Lokayukt and police is conducting enquiry regarding irregular