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State Consumer Disputes Redressal Commission

Sheth Residency Park Co. Op. Hsg. Soc. ... vs Sheth Builders Pvt. Ltd. Thru Director on 30 January, 2019

CC/11/281                                                           1/3




  STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
              MAHARASHTRA, MUMBAI

                     Complaint Case No. CC/11/281

Sheth Residency Park Co-op. Housing Society
Ltd.,
Having office at: C.T.S. No.428, 428/1-21,
Near Kurla Nagrik Sahakari Bank, Gavanpada,
Mulund (W), Mumbai 400 081
Through its secretary,
Mr.Prakash Chavan,
R/at: Flat No.B-501, Sheth Residency Park
Co-op. Housing Society Ltd.                 ...........Complainant(s)

                     Versus

1.

Sheth Builders Pvt. Ltd., Having its office at: 202, Kalamandir, Chitrakar Ketkar Marg, Behind Adarsh Petrol Pump, Ville Parle (E), Mumbai 400 057. Through its Directors, Mr.Hasmukh Sheth, R/at: 202, Kalamandir, Chitrakar Ketkar Marg, Behind Adarsh Petrol Pump, Ville Parle (E), Mumbai 400 057.

2. Mr.Hasmukh Sheth, (Director of Sheth Builders Pvt. Ltd.), R/at: 202, Kalamandir, Chitrakar Ketkar Marg, Behind Adarsh Petrol Pump, Ville Parle (E), Mumbai 400 057.

3. Mr.Alpesh H. Sheth, (Director of Sheth Builders Pvt. Ltd.), R/at: 202, Kalamandir, Chitrakar Ketkar Marg, Behind Adarsh Petrol Pump, Ville Parle (E), Mumbai 400 057.

4. Mr.Ratnesh H. Sheth, (Director of Sheth Builders Pvt. Ltd.), R/at: 202, Kalamandir, Chitrakar Ketkar Marg, Behind Adarsh Petrol Pump, Ville Parle (E), Mumbai 400 057. .........Opponent(s) BEFORE:

Mr. P.B. Joshi - Presiding Judicial Member Dr.S.K. Kakade -Member For the Advocate Mr.Uday Wavikar Complainant(s):

For the Advocate Ms.Sukruta Chimalkar. Opponent(s):

ORAL ORDER (30/01/2019) Per Hon'ble Mr.P.B. Joshi - Presiding Judicial Member:

Advocate Mr.Uday Wavikar is present for complainant. Advocate Ms.Sukruta Chimalkar is present for opponent.

Application is moved by the complainant for withdrawing the complaint. A copy of a resolution of the society is also filed for withdrawing the complaint. It was mentioned in the application that complainant be permitted to re-file this case along with all the documents including documents of opponents and grant liberty to request the Hon'ble National Commission to take up the present complaint at the stage of final hearing and accordingly no objection of opponent should be taken on record. As far as prayer of withdrawing the complaint we are allowing that. They have every opportunity to file it before the Hon'ble National Commission.

Advocate Mr.S.B. Prabhavalkar has submitted before this Commission that, if this complaint is withdrawn and filed before the Hon'ble National Commission he will appear there. What will be the stage of the complaint before the Hon'ble National Commission after filing this complaint before the National Commission will be decided by the Hon'ble National Commission. We cannot make comment about that. So, we simply allow the complainant to withdraw the complaint with liberty to file before the Hon'ble National Commission. Hence complaint is disposed of as withdrawn.

Pronounced on 30th January, 2019.

[P.B. Joshi] Presiding Judicial Member [Dr.S.K. Kakade] Member emp