Case nº Revision Petition No. 4041 of 2014 of National Consumer Disputes Redressal Commission, May 26, 2015 (case Rohan Builders & Developers Pvt. Ltd. and Ors. Vs Rohan Garden Cooperative Housing Society Ltd.)
| Judge | For Appellant: Priyanka Kale and Sanchit Uppal, Advocates and For Respondents: Vinay Navre and Mahaling Pandarge, Advocates |
| President | V.K. Jain, J. (Presiding Member) and Dr. B.C. Gupta, Member |
| Resolution Date | May 26, 2015 |
Order:
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This revision petition has been filed under section 21(b) of the Consumer Protection Act, 1986 against the impugned order dated 06.08.2014, passed by the Maharashtra State Consumer Disputes Redressal Commission (for short 'the State Commission') in First Appeal No. FA/13/161, "Rohan Builders & Developers Pvt. Ltd. and ors. Vs. Rohan Garden Cooperative Housing Society Ltd.", vide which while dismissing the said appeal, the order passed by the District Forum, Pune, allowing the consumer complaint No. PDF/103/2009, filed by the complainant/respondent was upheld.
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Briefly stated, the facts of the case are that the complainant/respondent is a cooperative housing society, registered under the Maharashtra Cooperative Societies Act, 1960. The Society has 132 members who are purchasers of residential flats/premises, situated in the buildings B, C, D, E, F & G, developed and constructed by the petitioner builders, who are a registered partnership firm (subsequently made into a private limited company). The said residential flats were constructed on land bearing survey No. 54/2/1 and 54/2/2 at Kothrud, Pune, situated within the limits of Pune Municipal Corporation. The property in question originally belonged to one Mr. Pandurang Ganpati Borate and others, the total area bearing 6900 sq. mtr. Under the Urban Land (Ceiling and Regulation) Act, 1976, the competent authority declared 3900 sq. mtr. as excess land, leaving three units of 1000 sq. mtr. each, as retainable or exempted land. The retainable land, bearing survey No. 54/2/2 measuring about 3000 sq. mt. was sold to the Directors of the builder company. In respect of the excess landed area 3900 sq. mtr. of survey No. 54/2/1, a scheme was made by the owner and permission obtained from the Government on 10.06.96, after which they entered into agreement with the petitioner developer, for carrying out the development of the said property. The builder obtained sanction for the building plans from the Pune Municipal Corporation for the construction of buildings A, B, C, D & E on the excess land, i.e., survey No. 54/2/1 and for constructing buildings F, G & H on retainable land with survey No. 54/2/2. It has been stated in the complaint that the builder completed the construction of buildings B, C, D, E, F & G using total FSI (flat space index) of the said landed properties, but did not complete the construction of buildings A & H, as per the sanctioned plan. The construction of building A was sanctioned upto stilt floor and the ground coverage area was about 247.463 sq. mtr. The construction of building 'H' was sanctioned upto stilt floor (proposed to be constructed as covered parking) and the ground coverage area was 324.860 sq. mtr., but the said construction had not been completed by the builder. It has been alleged in the complaint that the OP developer submitted revised plans for construction of buildings A & H and tried to construct a boundary wall, dividing the property. The complainants filed the consumer complaint in question with a prayer to finalise the sale-deed of...
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