TaxTMI 
TaxTMI 
2024 (12) TMI 788
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....along with interest to the Indore Development Authority. 3. The undisputed facts of the case reveal that the appellant i.e. Indore Development Authority which is an authority constituted under the Town and Country Planning Act, 1973, issued an advertisement/Notice Inviting Tender (NIT) on 05.10.1994 in respect of Scheme No. 54 offering various plots to the public at large. The respondent pursuant to the said advertisement/tender notice dated 05.10.1994 submitted his offer and was allotted a Plot No. 314 on 02.01.1995 in Scheme No. 54 with a payment plan to deposit 50% premium amount and lease rent within 30 days from the date of allotment and the rest 50% was required to be deposited in 12 quarterly instalments. The undisputed facts furthe....
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....009. The respondent, even though the amount was reduced, failed to deposit the amount of Rs. 11,04,948/- and took a different route for redressal of his grievance by approaching District Consumer Disputes Redressal Forum, Indore, (hereinafter referred to as, "District Forum") by filing a consumer complaint No. 391/2009 under Section 12 of the Consumer Protection Act, 1986, challenging the demand dated 17.02.2009 and for issuance of an appropriate direction for execution of sale deed in his favour and the District Forum vide order dated 25.02.2015 dismissed the complaint on the ground that the amount was not deposited as directed by the High Court. 6. The respondent being aggrieved by the order passed by the District Forum preferred another....
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....d after receiving the amount along with interest, to handover the possession of the plot within a period of three weeks from the date of receipt of such deposit. 8. We have heard the learned counsel for the parties at length and perused the records minutely. 9. It is an undisputed fact that in respect of advertisement/NIT which was issued on 05.10.1994, National Commission vide order dated 29.03.2023 has directed the appellant to accept the deposit made by respondent and to allot the plot to him, meaning thereby, after the lapse of period of 28 years. In the present case, the respondent at the first instance opted to file a writ petition before the High Court of Madhya Pradesh and a favourable order was also passed in his favour on 01.08.....
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....ranted by way of an interim order and under these circumstances, the matter had reached the National Commission. In the considered opinion of this Court, final relief could not have been granted by the State Commission on an interlocutory application filed in the matter. 11. The other important aspect of the case is that the National Commission without considering any ground raised by the appellant has directed the appellant to receive and accept the amount from the respondent along with interest and handover the possession of the plot in question. In our considered opinion, in respect of NIT/advertisement issued on 05.10.1994, no such order could have been passed by the National Commission in the peculiar facts and circumstances of the pr....