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Vikas Panchayat, Gram Boheda Through Sarpanch, Rajasthan v/s Badri Lal & Others


Company & Directors' Information:- C. LAL LIMITED [Active] CIN = U51909HR2012PLC046499

Company & Directors' Information:- VIKAS R & D INDIA PRIVATE LIMITED [Active] CIN = U73100DL2012PTC232875

Company & Directors' Information:- BADRI & CO (PVT) LTD [Strike Off] CIN = U51109WB1948PTC016374

Company & Directors' Information:- VIKAS PVT LTD [Strike Off] CIN = U99999MH1949PTC007334

    Revision Petition No. 668 of 2017

    Decided On, 13 February 2020

    At, National Consumer Disputes Redressal Commission NCDRC

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

    For the Petitioner: Prakash Sharma, Advocate. For the Respondents: R2 & R3, Krishna Kumar Mishra, R1, Rajesh Mootha, Advocates.



Judgment Text


Oral:

A consumer complaint was instituted by the respondent, alleging therein that a plot admeasuring 990 sq.ft. was allotted to him by Gram Panchayat, Boheda on 22.10.1972 on lease and a sum of Rs.101/- was deposited by him with the Panchayat. It was further alleged in the complaint that the said plot had now been allotted by the Panchayat to some other person, which is illegal. No record of the said subsequent allottee was made available to the complainant. He also alleged in para 6 of the complaint that only paper possession was given to him and the physical possession had still not been given. The complainant, therefore, sought handing over and physical possession of the said plot alongwith compensation.

2. The complaint was resisted by the petitioner Gram Panchayat, Boheda which interalia stated in its reply that no explanation had been given by the complainant as to why he had not taken possession in 38 years and, therefore, being barred by limitation, the complaint should be dismissed.

3. The District Forum having dismissed the consumer complaint, the respondent/complainant approached the concerned State Commission by way of an appeal. Vide impugned order dated 27.10.2016, the State Commission allowed the appeal and directed the petitioner to deliver possession of the aforesaid plot to the complainant alongwith its lease deed in his favour, Compensation quantified at Rs.10,000/- was also awarded to the complainant.

4. Being aggrieved from the order passed by the State Commission, the petitioner is before this Commission.

5. The first question which arises for consideration is as to whether the complaint is barred by limitation or not. It is complainant’s own case that the plot in question was allotted to him in the year 1972. If physical possession was not given to him, he ought to have approached either a Civil Court or some other appropriate Forum within the prescribed period of limitation. In terms of Section 24A of the Consumer Protection Act, a consumer complaint has to be instituted within two years of the accrual of the cause of action. The cause of action to seek possession of the allotted plot accrued to the complainant when the allotment by way of lease was allegedly made to him on 22.10.1972. Having been instituted in the year 2009, the complaint was hopelessly barred by limitation and no application for condonation of such an abnormal delay was even filed. For this reason alone, the order passed by the State Commission cannot be sustained.

6. As noted earlier, the case set out in the consumer complaint is that the physical possession of the allotted plot was not given to the complainant. On the other hand, in a Civil Suit instituted by him against the Gram Panchayat, Boheda in the year 2009, he had specifically alleged that the plot in question was owned and possessed by him. He also sought an injunction against Gram Panchayat, Boheda on the ground that he had been in possession of the said plot continuously pursuant to the decision taken on 7.11.1971. He also stated in the Civil Suit that he apprehended that the Gram Panchayat, Boheda would take forcible possession of the said plot and carry out construction on it. Thus, the stand taken by the complainant in the consumer complaint is wholly contradictory to the stand taken by him in the consumer complaint as far as the possession of the allotted plot is concerned. If he was already in possession, he had no cause to file a consumer complaint seeking physical possession of the very same plot. There is no explanation from the complainant as to why the stand taken by him in the consumer complaint as regards the possession of the plot in question is wholly contradictory to the stand taken by him in this regard in the consumer complaint.

7. As noted earlier the case of the complainant is that the plot in question has now been allotted to some other person. If this is so, it was imperative for the complainant to implead the subsequent allottee of the plot as a party to the consumer complaint. In the event of the consumer complaint being allowed, the rights of the subsequent allottee would be seriously affected since the Gram Panchayat would be under an obligation to dispossess the subsequent allottee and re-possession of the plot to

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the complainant. Therefore, the consumer complaint was bad for non-joinder of a necessary party. 8. For the reasons stated hereinabove, the impugned order is set aside and the consumer complaint is subsequently dismissed with liberty to the complainant to take avail such remedy other than a consumer complaint, as may be open to him in law for the redressal of his grievance against the petitioner Vikas Panchayat, Gram Boheda. The revision petition stands disposed of.
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