State Consumer Disputes Redressal Commission
Mrs.Shubhangi Shridhar Gadgil & Ors. vs M/S. Shreenivas Constructions on 17 March, 2009
CONSUMER DISPUTES REDRESSAL COMMISSION CONSUMER DISPUTES REDRESSAL COMMISSION MAHARASHTRA STATE, MUMBAI First Appeal no.429/1999 Date of Filing: Consumer Complaint No.38/1998 District Consumer Forum: Thane Date of Order: 17/03/2009 1. Mrs.Shubhangi Shridhar Gadgil, Appellants 2. Milind S.Johore, (Org.Complainants) 3. Suresh Mdhukar Sabnis, 4. Madhukar Dadaji Sabnis, 5. Ashok Baburao Patil, 6. Krishna Kishor A. Khanolkar, 7. Sharad Kashinath Somvanshi, 8. Shridhar Narhar Gadgil, All r/at- Shri Chaitanya Apartment, Next to Trimurti Darshan Building, Near Dwarkabai Ganesh Naik School, Dattawadi, Kulgaon (East), Badlapur- 421 503. V/S 1. M/s. Shreenivas Constructions, Respondents through Shri Shriniwas Ashok Kelkar, (Org.Opp.Parties) 2. Ashok Moreshwar Kelkar, Proprietor, Shrinivas Constructions, R/at- Kharvai, Post Kulgaon, Badlapur 421 503, Tal- Ulhasnagar, District- Thane. Corum : Justice Mr.B.B.Vagyani, Hon'ble President Mr.S.R.Khanzode, Honble Judicial Member.
Present:
Heard appellant nos. 1,3 & 6 in person.
Adv.Mrs. S.S.Pandit for respondent.
:- ORAL ORDER :-
Per Justice Mr.B.B.Vagyani, Honble President:
We heard husband of appellant no.1/ Shri Shridhar Gadgil, appellant no.3/ Shri Mahesh M.Sabnis/ & appellant no.6/ Shri Anand Shinde in person and Adv.Mrs. S.S.Pandit for respondents.
The responders are builders. There was development agreement between land owners and builders. Some of the appellants are land owners. The construction was to be completed within three years. The builder completed the construction and delivered the possession of the flats to respective purchasers in June-1995. The consumer complaint was filed in the year 1998. Consumer complaint was challenged by the builder on the ground of limitation. The District Forum recorded adverse finding against the complainants and dismissed the consumer complaint. While dismissing the consumer complaint District Forum directed the original complainants to approach Civil Court.
The original complainants had submitted an application for condonation of delay. District Forum refused to condone the delay of six months. The direction to approach Civil Court is erroneous. District Forum is the competent authority to decide the issue involved in the consumer complaint. The expression Sufficient Cause is not properly interpreted by the District Forum. The issue of delay is required to be answered in favour of complainants having regard to the main issue involved in the consumer complaint. In such type of cases liberal approach is required to be adopted. The Law of Limitation is made to advance justice and not to punish the parties. We are therefore, inclined to condone the delay. Delay is accordingly condoned. Application for condonation of delay is allowed.
The builders have not obtained completion certificate and occupancy certificate from the local authority. As per terms and conditions of the Agreement the flat purchasers have agreed to form Association of Apartment. Thereafter, the builders agreed to transfer and assign all their rights, title and interest in the said property and building in favour of Association of Apartment. In the result, we pass the following order:-
:-ORDER-:
1. Appeal is allowed,
2. Dismissal order is quashed and set aside.
3. Consumer complaint is partly allowed.
4. We hereby direct the respondents to obtain and deliver the completion certificate and occupation certificate to the flat purchasers including legal heirs and transferees of the flat purchasers. The flat purchasers are directed to form Association of Apartment and thereafter, intimate the Formation of Association to the builder.
The builders/respondents are thereafter, directed to transfer, assign all their rights in title and interest in the said property in favour of the said body or Association of persons, as per clause no.17 of the Agreement for Sale.
5. The respondents/builders are hereby directed to execute Agreement for Sale in favour of Mrs. Shubhangi S.Gadgil, Shri Suresh M.Sabnis and Mrs. Vandana S.Sabnis.
6. The respondent builders are hereby directed to comply with the directions within period of two months from the date of receipt of the order. On failure, the respondents/builders are hereby directed to pay Rs.5,000/- to each of the flat purchasers per month till compliance is made.
7. No order as to costs.
8. Pronounced and dictated in open court.
9. Copies of the order herein be furnished to the parties.
(S.R.Khanzode) (B.B.Vagyani) Judicial Member President