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TMI Blog2024 (12) TMI 788X X X X Extracts X X X X X X X X Extracts X X X X ..... g the respondent to pay the balance outstanding amount within 30 days and further directed the appellant i.e. Indore Development Authority to handover the possession of the plot to the writ petitioner i.e. respondent herein. However, only a sum of Rs. 5,72,782/- through a demand draft was presented in the month of September, 2006, against the total outstanding dues of Rs. 12,02,592/-. The appellant i.e. Indore Development Authority has shown magnanimity in the matter by reducing the interest vide letter dated 17.02.2009 and the amount was reduced to Rs. 11,04,948/- which was required to be paid on or before 28.02.2009. The respondent, not being satisfied even with the reduction of amount, opted for a different route for redressal of his gri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... deserve to be set aside and are accordingly set aside and it is made clear that the appellant i.e. Indore Development Authority shall issue a fresh tender in respect of the said plot in question and shall allot the plot only by way of auction or by following the due process as per rules. The appeal stands allowed. - BELA M. TRIVEDI And SATISH CHANDRA SHARMA , JJ. 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 t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... subject to payment of the remaining outstanding amount within 30 days from the date of the order, meaning thereby, the allotment of the respondent was restored and 30 days time was granted to him to pay the outstanding dues. 5. The respondent pursuant to the order passed by the High Court submitted a Demand Draft amounting to Rs 5,72,782/-, though the total outstanding amount was Rs. 12,02,592/-. The Demand Draft was returned to the respondent as it was not in respect of the total outstanding amount. According to the respondent, in response to his letter dated 18.06.2008 whereby he requested the appellant to reduce the interest and therefore, based upon his request, the amount was reduced to Rs. 11,04,948/- by the appellant, which was requi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The Indore Development Authority i.e. the appellant herein filed its reply stating on affidavit that the total amount of Rs. 22,73,079/- is outstanding which included the interest. The State Commission passed an interim order on 15.12.2017. Though, it was an interim order but granted final relief to the respondent by directing him to deposit the entire outstanding amount with interest and the appellant i.e. Indore Development Authority was directed to place the respondent in possession. 7. Being aggrieved by the order dated 15.12.2017 passed by the State Commission, a revision petition was preferred before the National Commission and the National Commission had disposed of the revision petition directing the appellant to calculate the inte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pted for a different route for redressal of his grievance by approaching the District Forum and the District Forum was justified in dismissing the complaint of the respondent. The respondent again approached the High Court by way of a writ petition which was dismissed as withdrawn on 08.04.2015 with the liberty to avail statutory remedy provided under the Consumer Protection Act and thereafter the respondent preferred an appeal before the State Commission against the order passed by the District Forum. The State Commission by way of an interim order dated 15.12.2017 directed the appellant i.e. Indore Development Authority to accept the outstanding amount with interest and to deliver the possession of plot in question to the respondent, mean ..... X X X X Extracts X X X X X X X X Extracts X X X X
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