INDORE DEVELOPMENT AUTHORITY versus DR. HEMANT MANDOVRA

INDORE DEVELOPMENT AUTHORITY versus DR. HEMANT MANDOVRA

The State Commission erred in granting final relief by an interim order; the National Commission erred in directing the appellant to accept the deposit and hand over possession after a lapse of 28 years without considering the appellant's grounds and despite the respondent's default. Therefore the orders of the State Commission dated 15.12.2017 and the National Commission dated 29.03.2023 were set aside and the authority directed to issue a fresh tender and allot the plot only by auction or following due process.

Parties
Appellant: Indore Development Authority; Respondent: Dr. Hemant Mandovra
Jurisdiction
India
Judgment Date
13 December 2024
Procedural Posture
Civil Appeal No. 13940 of 2024 / Judgment (appeal Allowed)
Outcome
Appeal allowed
Legal Topics
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
Constitution of India Consumer Protection Act, 1986 Town and Country Planning Act, 1973 Tender Allotment of Land Cancellation of Allotment Terms and Conditions of the NIT Premium Amount +7 more

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Parties

Indore Development Authority

Appellant

Dr. Hemant Mandovra

Respondent

Procedural Posture

Civil Appeal No. 13940 of 2024 / Judgment (appeal Allowed)

Legal Issues

  1. 1 Whether the State Commission could grant final relief by way of an interim/interlocutory order under the Consumer Protection Act
  2. 2 Whether the National Commission could direct the authority to accept deposit and hand over possession after a lapse of 28 years without considering the appellant's grounds and despite the allottee's default

Ratio Decidendi

The State Commission erred in granting final relief by an interim order; the National Commission erred in directing the appellant to accept the deposit and hand over possession after a lapse of 28 years without considering the appellant's grounds and despite the respondent's default. Therefore the orders of the State Commission dated 15.12.2017 and the National Commission dated 29.03.2023 were set aside and the authority directed to issue a fresh tender and allot the plot only by auction or following due process.

Court Disposition

Appeal allowed

Orders

  • Orders of the State Commission dated 15.12.2017 and National Commission dated 29.03.2023 are set aside
  • Indore Development Authority shall issue a fresh tender in respect of the said plot and shall allot the plot only by way of auction or by following the due process as per rules