Case of National Consumer Disputes Redressal Commission, July 28, 2006 (case Sharda Co-operative Hsg. Society Vs Ashish Shelters and Developers Pvt. Ltd. and Anr.)

PresidentM.B. Shah, J. (President) and Rajyalakshmi Rao, Member
Resolution DateJuly 28, 2006

Order:

M.B. Shah, J. (President)

  1. In Complaint No. 390/1998, filed before the District Forum, Nasik, the complainant contended that M/s. Ashish Shelters and Developers floated a number of construction schemes at Nasik. One of the schemes was in Survey No. 251/1/1 for which an advertisement was given. As the complainant was in need of a house for his residenial purposes, he gave the purchase price from time-to-time. It was pointed out that for allotting the constructed houses, agreement was also executed on 1.1.1992, which was nolorized and registered. It was pointed out that the complainant had paid, in all, a sum of Rs. 63,500 and as per the agreement the Builder was required to deliver possession within 18 months. The Builder neither constructed the house nor handed over the possession. Instead of delivering the possession of the house to the complainant, it was contended that the Builder gave possession of all the constructed houses to the members of Sharda Co-operative Housing Society. When the complainant came to know about it notice was given to the Builder as well as to the Society. Hence, complaint No. 390 of 1998 was filed before the District Forum, Nasik.

  2. After hearing the parties the District Forum allowed the complaint partly and directed the Builder to refund the amount of Rs. 63,500 with interest at the rate of 15% from 30.3.1995 till its payment and Rs. 10,000 as compensation. No order was passed against the Society to whom the Builder has handed over possession.

  3. Against that Order Appeal No. 195 of 2001 was filed by the complainant before the State Commission.

  4. The developer, Ashish Shelters and Developers Pvt. Ltd., also preferred Appeal No. 382/2001 before the State Commission.

  5. Both the Appeals were heard together and the State Commission appointed Mr. R.P. Patil, Junior Engineer, Town Planning Department, Nasik Municipal Corporation, as Court Commissioner, who reported that the plot in question i.e., Plot No. 41, was in possession of Sharda Co-operative Housing Society, Laxmi Nagar, Panchvati. At that stage, learned Counsel for the complainant stated that they were ready and willing to take possession of the said plot and on behalf of the Builder it was stated that they have no objection if the possession of the said plot is handed over to the complainant. At that time, nobody appeared on behalf of the Society and the order was passed accordingly. On that basis the order passed by the District Forum was...

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