LexINDORE DEVELOPMENT AUTHORITY versus DR. HEMANT MANDOVRA
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[2024] 12 S.C.R. 1038 : 2024 INSC 983 Indore Development Authority v. Dr. Hemant Mandovra (Civil Appeal No. 13940 of 2024) 13 December 2024 [Bela M. Trivedi and Satish Chandra Sharma,* JJ.] Issue for Consideration An allotment of land to the Respondent was canceled by the Appellant for not paying the full amount as per the scheme. In a writ petition filed by the Respondent, High Court directed the respondent to pay the balance outstanding amount within 30 days and directed the appellant to handover the possession of the plot to the respondent. Respondent did not deposit the full amount and instead preferred a complaint against the Appellant in the District Forum, which dismissed Respondent’s complaint. In the appeal filed by the Respondent before the State Commission, respondent filed an application under Section 13(3B) of the Consumer Protection Act, 1986 for grant of permission to deposit the amount under protest with the liberty to reclaim the said amount. On such application, State Commission passed an interim order directing the appellant to accept the outstanding amount with interest and to deliver the possession of plot. In the revision petition, the National Commission directed the appellant to calculate the interest within a period of two weeks and 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. Whether such an order could have been passed by the National Commission and whether final relief could not have been granted by the State Commission on an interlocutory application. Headnotes† Consumer Protection – Grant of final relief by State Commission on an Interlocutory Application – If Proper. Held: The District Forum was justified in dismissing the complaint of the respondent – The State Commission by directing the appellant to accept the outstanding amount with interest and to deliver the * Author [2024] 12 S.C.R. 1039 Indore Development Authority v. Dr. Hemant Mandovra possession of plot in question to the respondent, granted a final relief by way of an interim order – Final relief could not have been granted by the State Commission on an interlocutory application filed in the matter – The National Commission without considering any ground raised by the appellant directed the appellant to receive and accept the amount from the respondent along with interest and handover the possession of the plot in question – It was the respondent who committed default in depositing the balance amount as per the terms and conditions of the NIT and even after the first round of litigation before the High Court, the respondent did not deposit the amount which was outstanding against him, even though appellant reduced the amount of interest to be paid and, therefore, at this juncture, after a lapse of 28 years, the question of directing the appellant as has been done by the National Commission to accept the amount does not arise – Resultantly, the orders passed by the State Commission and National Commission deserve to be set aside and are accordingly set aside. [Paras 10 and 11] List of Acts Constitution of India; Consumer Protection Act, 1986; Town and Country Planning Act, 1973. List of Keywords Tender; Allotment of land; Cancellation of allotment; Terms and conditions of the NIT; Premium amount; Interlocutory application; Interim order; Final relief; National Consumer Disputes Redressal Commission; State Commission; Revision petition; Lapse of time. Case Arising From CIVIL APPELLATE JURISDICTION: Civil Appeal No. 13940 of 2024 From the Judgment and Order dated 29-03-2023 of the National Consumer Disputes Redressal Commission, New Delhi in RP No. 2808 of 2018 Appearances for Parties Amit Pawan, Adv. for the Appellant. Udayaditya Banerjee, Adv. for the Respondent. 1040 [2024] 12 S.C.R. Supreme Court Reports Judgment / Order of the Supreme Court Judgment Satish Chandra Sharma, J. 1. Leave granted. 2. This present petition is arising out of order dated 29.03.2023 passed by National Consumer Disputes Redressal Commission (for short, “the National Commission”) in Revision Petition No. 2808 of 2018 whereby the National Commission directed the appellant to handover possession of the plot in question to the respondent within three weeks from the date the amount is paid along with interest to the Indore Development Authority. 3. The undisputed facts of the ca
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