By these Revision Petitions, Sarvdharm Grih Nirman Sahkari Sanstha, a Registered Society, of which the Respondents/Complainants are the members, questions the correctness of order dated 30.03.2012 passed by the Madhya Pradesh State Consumer Disputes Redressal Commission, Bhopal (for short “the State Commission”) in Appeals No.543 & 544 of 2011. By the impugned order, the State Commission while -3- modifying the orders made by the District Consumer Disputes Redressal Forum, Bhopal (for short “the District Forum”) in Complaints No.580 of 2006 & 582 of 2006 has directed that in case the Petitioner Society is unable to deliver possession of the allotted plots or alternative plots in lieu thereof, they shall pay to the Complainants the cost of the plots at Collector’s rates prevailing as on the date of the order. The District Forum had directed the Petitioners to deliver possession of plots no.511 & 512 to the Respondents in these two Revision Petitions admeasuring 1000 sq. ft. each, or alternative plots of the same dimensions in some other area. Admittedly, the Respondents became members of the Society in the year 1987 and paid the entire sale consideration by May 1993. As a matter of fact, the Sale Deeds in respect of the aforesaid plots had also been executed by the Society in their favour as far back as on 18.07.1996. The only ground on which the impugned order is sought to be challenged is that the State Commission should not have directed refund towards the costs of plots at prevailing Collector’s rate, particularly when the plots in question are under litigations. We are of the view that the stand of the Petitioners is without any substance. Admittedly, when Sale Deeds in respect of the plots in question -4- were executed by the Society there was no litigation in respect thereof. The dispute, if any, arose in the year 2005/2006 and therefore, there was no justifiable reason for not delivering physical possession of the plots by the Society simultaneously when the registration of the Sale Deeds took place. The present situation is their own creation and having waited for so long, the Respondents cannot be made to suffer further. Under the given circumstances, we are unable to hold that the State Commission has committed any illegality or material irregularity in issuing the aforenoted directions, warranting our interference in Revisional jurisdiction. The Revision Petitions are bereft of any merit, and are dismissed accordingly, with costs assessed at Rs.5,000/- in each of the cases. Interim order dated 25.05.2012, staying Execution Proceedings stands vacated. |