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2021 Supreme(Online)(NCDRC) 821

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
C. Viswanath, Presiding Member
GAURI GRIH NIRMAN SAHAKARI MARYADIT – Appellant
Versus
PANKAJ CHOUHAN – Respondent
Revision Petition No. 104 of 2011 | Revision Petition No. 105 of 2011 | Revision Petition No. 106 of 2011 | Revision Petition No. 2914 of 2011



Advocates:
For the Appellant:Mr. G. Umapathy, Advocate, Mr. Rohit K. Singh, Advocate, Ms. Pavitra Balakrishnan
For the Respondents:Mr. G.S. Chaturvedi, Advocate, Mr. Soumyajit Pani, Advocate, Mr. Ranjan Kumar, Advocate

The Consumer Complaints were held valid and maintainable despite claims of fraud and jurisdictional issues, with concurrent findings of both forums upheld.

Headnote:(A) Consumer Protection Act, 1986 - Sections 21(b), and Madhya Pradesh Co-Operative Society Act, 1960 - Revision petitions against orders dismissing appeals on merit and as barred by limitation - Petitioner society failed to inform the complainants about revised layout plan leading to allegations of deficiency in service and fraud. (Paras 1-14)

(B) Consumer Jurisdiction - The relationship of the complainants as consumers concerning the services provided - The Consumer Complaint was maintainable despite objections regarding the execution of sale deeds and non-joinder of parties. (Paras 7, 9, 10)

(C) Limitation - The complaints were filed well within the limitation period as the cause of action arose with the revised layout dated 03.03.2003. (Paras 9, 13)

(D) Findings - No jurisdictional error or miscarriage of justice found in the concurrent findings of both consumer forums below. (Paras 12, 14)

Facts of the case:
The petitioners—housing society and cooperative entities—were challenged by complainants allotted plots whose layouts were unilaterally altered by the society without notice affecting their plots and contracts. Complaints of deficiency in service were filed based on the changed allocations.

Findings of Court:
The Court upheld that the consumer complaints were valid and maintainable despite the society’s claims of inappropriate jurisdiction and undue execution issues, affirming the lower forum’s determinations.

Issues: Key issues included the existence of jurisdiction over consumer-related grievances regarding service provisions and the impact of alleged fraud by the society’s representatives on the maintainability of complaints and appeals.

Ratio Decidendi: The Supreme Court has laid down that the revisional powers of the Commission are confined to examining jurisdictional errors—not re-evaluating evidence from lower fora; thus, no substantial error was identified warranting intervention. (Paras 10, 11)

Result: Revision Petitions dismissed.

Table of Content
1. allegations of deficiency in service due to unilateral layout changes. (Para 1)
2. dispute over plot allocations due to revised layout. (Para 2 , 3 , 4)
3. arguments on consumer rights and fraud allegations. (Para 7 , 8)
4. the consumer complaints were maintainable despite issues of fraud and jurisdiction. (Para 9)
5. clarification of jurisdiction regarding appeals. (Para 10 , 12)
6. jurisdictional limits regarding judgments by consumer fora are maintained. (Para 11)
7. final dismissal of revision petitions with no cost order. (Para 13)

1. Revision Petition Nos.104 to 106 of 2011 have been filed against common the order dated 05.10.2020 in First Appeal Nos.730, 731 & 1017 of 2008 and Revision Petition No.2914 of 2011 has been filed against the order dated 15.07.2011 passed in First Appeal No.1075 of 2011 of the Madhya Pradesh State Consumer Disputes Redressal Commission, Bhopal (in short, “the State Commission”) whereby First Appeal Nos.730, 731 & 1017 of 2008 were dismissed on merit and First Appeal No.1075 of 2011 was dismissed as barred by limitation.

2. Case of the Complainants/Respondents is that the Petitioner was a Co-Operative Housing Society and the Respondents/Complainants were its Members. Complainant Pankaj Chouhan was allotted Plot No.A-58 of 1500 sq. ft. for a sum of Rs.22,500/-, vide sale deed dated 06.05.1994. Neeraj Chouhan was allotted Plot No.A-59 of 1500 sq. ft. for a sum of Rs.22,500/-, vide sale deed dated 10.06.1994. Sunita Modi was allotted Plot No.A-60 of 1500 sq. ft., vide sale deed dated 31.12.1993. P.N. Ahirwar was allotted Plot No.A-11 of 35 x 60 sq. ft. for a sum of Rs.31,500/-, vide sale deed dated 26.05.1993. Original site plan was also annexed alongwith each of the sale deeds. On 03.03.2003, the Petitioner/Opposite Party got the layout plan revised by the Town & Country Planning Department, without intimation to the Complainants, due to which plot numbers of the Complainants were changed from A-58, A-59, A-60 and A-11 to 58, 50, 60 & 11 respectively. In the revised layout plan, lay-out of the colony was changed without intimation to the Complainants. The Complainants requested the Petitioner Society for amendment in the sale deed and to protect the interest of the Complainants, but the Society did not take any steps. Claiming deficiency in service on the part of the Petitioner/Opposite Party, Complainants filed individual Complaints before the District Forum. Prayers made in the Complaints were almost similar. Revision Petition No.104 of 2011 being the lead case, prayer made in Complaint No.366/2004 filed by Complainant Pankaj Chouhan is taken out. Same reads as follows: -

a) That, let the Ld. Forum pass an order directing the Respondent that he should allot/give a plot which is equivalent to plot No.A-58 allotted and sold to him originally in all its aspects and also otherwise give him said plot in accordance with the revised approved layout. Let the Respondent be also directed to execute a revised/supplementary sale deed as necessary accordingly in favour of this Complainant alongwith;

b) In addition to the above, let the Ld. Forum direct the Respondent to execute the agreed development work in the colony related to the plot sold by him and as a part of the same, let him provide basic necessity by arranging electricity, passage road, water, sanitation etc., as promised by him to his members.

c) That let the said Respondent be directed to pay a sum of Rs.50,000/- (rupees fifty thousand) to this Complainant for causing mental agony to this Complainant for not arranging basic amenities as above and delay caused due to non-commencement development work.

d) That, let the Ld. Forum pass any such assistance, relief in favour of this Complainant at its sole discretion as it deems fit.

e) Let the cost of this Complaint be directed to be paid to the Complainant.”

3. Complaints were contested by the Opposite Party by filing reply. Opposite Party raised the issue of maintainability of the Complai

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