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Complaint Case No. CC/13/341. Case: Ashish Chandrakant Sheth Vs Dharti Enterprises. Maharashtra State Consumer Disputes Redressal Commission

Judgment Cited in Precedent Map Related
Case NumberComplaint Case No. CC/13/341
CounselFor Appellant: K.K. Iyenger, Advocate and For Respondents: Anita Marathe, Advocate
JudgesP.B. Joshi, J. (Presiding Member) and Narendra Kawde, Member
IssueConsumer Law
CitationIII (2014) CPJ 60 (Maha.)
Judgement DateThursday June 19, 2014
CourtMaharashtra State Consumer Disputes Redressal Commission

Order:

Narendra Kawde, Member

  1. Heard on the point of admission at length. On behalf of the Complainants it is argued that an amount of Rs. 18,00,000 was paid to the Opponent against the receipt which indicates number of Flat 1014 and the payment has been made by cheque on 8.9.2008. Thereafter the legal notice was issued in the year 2013 to the Opponents since possession of the flat was not delivered. Opponents have taken a stand that the amount of Rs. 18,00,000 paid was a routine practice of investment in the project against the projected allotment of the flat. The consumer complaint has been filed by the power of attorney holder on behalf of the Complainants. The flat was allegedly purchased by the Complainants jointly. However, the Complainant could not submit any proof on the point of agreed total consideration which according to the Complainant was not mentioned in the receipt by the Opponents. During the period of almost five years i.e. from the date of issue of first legal notice Complainants could not demonstrate what action or persuasion was made on their behalf...

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