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Vijay Kumar Singh v/s Rana Cooperative Housing Society & Others


Company & Directors' Information:- S V HOUSING PRIVATE LIMITED [Active] CIN = U70109DL2006PTC150816

Company & Directors' Information:- KUMAR HOUSING CORPORATION PRIVATE LIMITED [Amalgamated] CIN = U70101PN1989PTC050832

Company & Directors' Information:- V G P HOUSING PRIVATE LIMITED [Active] CIN = U65922TN1972PTC006240

Company & Directors' Information:- B R HOUSING PVT LTD [Active] CIN = U45203WB1995PTC073083

Company & Directors' Information:- G K S HOUSING LIMITED [Amalgamated] CIN = U45201TN1996PLC036147

Company & Directors' Information:- R. J. HOUSING PRIVATE LIMITED [Active] CIN = U45400WB2007PTC114792

Company & Directors' Information:- INDIA HOUSING LIMITED [Active] CIN = U45200PN2008PLC131883

Company & Directors' Information:- R D HOUSING PVT LTD [Active] CIN = U70101WB1996PTC081099

Company & Directors' Information:- VIJAY INDIA PRIVATE LIMITED [Active] CIN = U25199DL1998PTC096860

Company & Directors' Information:- G C HOUSING PRIVATE LIMITED [Active] CIN = U45201DL2003PTC122011

Company & Directors' Information:- J. D. HOUSING PRIVATE LIMITED [Active] CIN = U45309PN2016PTC166622

Company & Directors' Information:- A N HOUSING PRIVATE LIMITED [Strike Off] CIN = U45400UP2008PTC035479

Company & Directors' Information:- D L HOUSING PRIVATE LIMITED [Active] CIN = U45400WB2009PTC135703

Company & Directors' Information:- G M K HOUSING PRIVATE LIMITED [Active] CIN = U74899DL1995PTC069486

Company & Directors' Information:- R G HOUSING PRIVATE LIMITED [Active] CIN = U70102UP2012PTC052735

Company & Directors' Information:- B B HOUSING PRIVATE LIMITED [Strike Off] CIN = U70109WB1997PTC084775

Company & Directors' Information:- B S R HOUSING PRIVATE LIMITED [Strike Off] CIN = U70102AP2005PTC048146

Company & Directors' Information:- VIJAY J AND K PRIVATE LIMITED [Strike Off] CIN = U52100GJ1974PTC002504

Company & Directors' Information:- M. P. HOUSING PRIVATE LIMITED [Strike Off] CIN = U45200UP2007PTC033329

Company & Directors' Information:- S K J HOUSING PRIVATE LIMITED [Active] CIN = U63023WB1999PTC089993

Company & Directors' Information:- S V R HOUSING INDIA PRIVATE LIMITED [Strike Off] CIN = U45200AP2009PTC064511

Company & Directors' Information:- R K HOUSING PRIVATE LIMITED [Active] CIN = U74899DL1988PTC032252

Company & Directors' Information:- J HOUSING PRIVATE LTD [Active] CIN = U74899DL1980PTC010338

Company & Directors' Information:- K P A HOUSING PRIVATE LIMITED [Strike Off] CIN = U45201TN2005PTC055354

Company & Directors' Information:- V. D. P. HOUSING PRIVATE LIMITED [Active] CIN = U70102UP2012PTC054142

Company & Directors' Information:- G R E HOUSING PRIVATE LIMITED [Active] CIN = U70102AP2008PTC061004

Company & Directors' Information:- G M HOUSING PRIVATE LIMITED [Strike Off] CIN = U99999MH1994PTC076203

Company & Directors' Information:- K K HOUSING PRIVATE LIMITED [Strike Off] CIN = U45200DL2012PTC232532

Company & Directors' Information:- RANA & CO. PRIVATE LIMITED [Strike Off] CIN = U51109DL1997PTC090894

Company & Directors' Information:- VIJAY HOUSING PVT LTD [Under Process of Striking Off] CIN = U99999MH1986PLC039461

Company & Directors' Information:- VIJAY HOUSING PVT LTD [Strike Off] CIN = U99999MH1986PTC039461

Company & Directors' Information:- V R HOUSING PRIVATE LIMITED [Strike Off] CIN = U45201AP1998PTC030550

Company & Directors' Information:- A. S. HOUSING PRIVATE LIMITED [Active] CIN = U45209PB2012PTC036226

Company & Directors' Information:- S. N. HOUSING PRIVATE LIMITED [Active] CIN = U45400MH2010PTC202407

Company & Directors' Information:- P & M HOUSING PRIVATE LIMITED [Active] CIN = U70102MH2012PTC229509

Company & Directors' Information:- D. H. HOUSING PRIVATE LIMITED [Active] CIN = U70102MH2012PTC237322

Company & Directors' Information:- N K HOUSING PRIVATE LIMITED [Strike Off] CIN = U45200MH2003PTC139304

Company & Directors' Information:- C S R HOUSING PRIVATE LIMITED [Active] CIN = U45400TG2012PTC078681

Company & Directors' Information:- K-HOUSING PRIVATE LIMITED [Strike Off] CIN = U45200TN2009PTC070655

Company & Directors' Information:- L R HOUSING PRIVATE LIMITED [Active] CIN = U70100TG2013PTC089981

Company & Directors' Information:- K N S HOUSING PRIVATE LIMITED [Active] CIN = U45400DL2007PTC167504

Company & Directors' Information:- R C HOUSING PRIVATE LIMITED [Active] CIN = U74899DL1988PTC032258

Company & Directors' Information:- W B HOUSING COMPANY PRIVATE LIMITED [Strike Off] CIN = U70109DL2013PTC250413

Company & Directors' Information:- B G HOUSING PRIVATE LIMITED [Active] CIN = U70101DL2004PTC124095

Company & Directors' Information:- A K Y HOUSING PRIVATE LIMITED [Strike Off] CIN = U45400TG2007PTC056210

Company & Directors' Information:- M K Y HOUSING PRIVATE LIMITED [Strike Off] CIN = U45400TG2008PTC059752

Company & Directors' Information:- G M R HOUSING PRIVATE LIMITED [Under Process of Striking Off] CIN = U70102TG2002PTC038792

Company & Directors' Information:- D VIJAY AND COMPANY LIMITED [Dissolved] CIN = U99999MH1933PTC002056

Company & Directors' Information:- THE HOUSING CORPORATION LIMITED [Dissolved] CIN = U99999MH1946PLC010719

    Revision Petition No. 3916 of 2017

    Decided On, 12 March 2020

    At, National Consumer Disputes Redressal Commission NCDRC

    By, THE HONOURABLE MR. JUSTICE V.K. JAIN
    By, PRESIDING MEMBER

    For the Petitioner: Pawan Kumar Ray, Advocate. For the Respondents: Bharat Swaroop Sharma, Advocate.



Judgment Text


Oral:

The petitioner/complainant purchased a plot of land from the respondent Rana Cooperative Housing Society on 17.02.1987. The Society executed sale deed of the afore-said plot in his favour on 29.01.1988. The complainant received a demand notice from Kanpur Development Authority, asking him to deposit an amount of Rs. 261500/- on the ground that the land sold to him by the Society was acquired land. The complainant thereupon approached the concerned District Forum by way of a consumer complaint impleading the Society as well as the officers of UP Avas Evam Vikas Parishad as the opposite parties in the complaint.

2. The complaint was resisted by the respondent No. 1 primarily on the ground that the land which the society had sold to the complainant was not acquired land. It was, inter alia, stated in the reply that though the some land had been acquired by Kanpur Development Authority, the land sold to the complainant was not acquired land.

3. The District Forum having ruled in favour of the complainant, R-1 Rana Cooperative Housing Society approached the concerned State Commission by way of an appeal. Vide impugned order dated 14.09.2017 the State Commission allowed the appeal and consequently dismissed the complaint solely on the ground that the question involved in the complaint requires extensive evidence which cannot be taken by a consumer forum.

4. Being aggrieved from the order passed by the State Commission the complainant/petitioner is before this Commission by way of this Revision Petition.

5. It is not in dispute that a plot of land was sold by R-1 Society to the petitioner/complainant. It is also not in dispute that the sale deed of the said plot was executed by the society in favour of the petitioner/complainant. It is also not in dispute that a demand was raised by Kanpur Development Authority upon the petitioner/complainant on the ground that the land, subject matter of the sale deed, executed by the society, in his favour was acquired land. The petitioner/complainant having already paid the price of the land to the Society it was for the Society to contest the demand raised by Kanpur Development Authority if the said demand was illegal or unjustified. Having already paid the price of the land to the Society the complainant cannot be compelled to litigate with Kanpur Development Authority by challenging the demand raised by the Authority. In any case it is only the Society which can contest the demand raised by Kanpur Development Authority since it is only the Society which knows whether the land sold by it to the complainant was acquired land or not. The complainant/petitioner being a purchaser from the Society will not be in a position to prove that the land sold to him by the Society was not acquired land. It is for the seller of the land to prove that at the time the land was sold by him it was free from any kind of encumbrance, claim, charge etc. Therefore, it is for the Society to challenge the demand raised by Kanpur Development Authority and prove in the said challenge that the land old by it to the complainant not being acquired land the demand raised by Kanpur Development Authority was illegal.

6. For the reasons stated hereinabove the impugned order is set aside and the complaint is disposed of with the following directions:-

(a) The respondent No. 1 shall either pay the amount demanded by Kanpur Development Authority from the complainant along-with interest, if any, payable on that amount or it shall challenge the said demand by initiating legal proceedings against Kanpur Development Authority and seek stay of the afore-said demand. If the demand raised by Kanpur Development Authority against the plot sold by the Society to the Complainant stayed, R-1 need not make any payment to Kanpur Development Authority, till the said stay remains in force but it will abide by the final decision of the proceedings which it may initiate against Kanpur Development Authority.

(b) If R-1 does not challenge within 60 days from today the demand raised by Kanpur Development Authority in respect of the plot sold to the complainant, it shall make payment in terms of this order. Similarly, if

R

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-1 does not get a stay within 60 days from today against the demand raised by Kanpur Development Authority in respect of the subject plot or it is ultimately held in the proceedings initiated by it that the demand raised by Kanpur Development Authority was justified, R-1 Society shall pay the said demand to Kanpur Development Authority along-with interest etc. in terms of the final order passed in the said proceedings. (c) There shall be no order as to costs.
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