State Consumer Disputes Redressal Commission
Nishit Ashwain Shah & Anr. vs M/S. Silvex Developers Pvt. Ltd. & 4 Ors. on 9 March, 2026
NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI CONSUMER COMPLAINT NO. NC/CC/343/2015 WITH NC/IA/14302/2017 (INTERIM RELIEF) ASHOK HARIRAM PARWANI PRESENT ADDRESS - 2/302, KAMDHENU SHOPPING CENTRE, , LOKHANDWALA COMPLEX, ANDHERI WEST, , SWAMI SAMARTH NAGAR, , MUMBAI,MAHARASHTRA.
.......Complainant(s) Versus M/S. SILVEX DEVELOPERS PVT. LTD. & 4 ORS. PRESENT ADDRESS - SILVER ASTRA, B WING, 2ND FLOOR, , ANDHERI EAST, , J.B. NAGAR, CHAKALA, , MUMBAI,MAHARASHTRA. RAMKRISHNA NAGAR SUNSHINE CO.OP.HSG.SOC.LTD. PRESENT ADDRESS - .
.......Opposite Party(s) CONSUMER COMPLAINT NO. NC/CC/346/2015 AARTI GULAB PUNJABI PRESENT ADDRESS - 401, ORCHID ELEGANCE, 2ND HASNABAD LANE, , MUMBAI , SANTACRUZ W, , MUMBAI,MAHARASHTRA.
.......Complainant(s) Versus M/S. SILVEX DEVELOPERS PVT. LTD. & 4 ORS. PRESENT ADDRESS - SILVER ASTRA, B WING, 2ND FLOOR, J.B. NAGAR, , MUMABI , CHAKALA, ANDHERI E, , MUMBAI,MAHARASHTRA. RAMKRISHNA NAGAR SUNSHINE CO.OP.HSG.SOC.LTD. PRESENT ADDRESS - .
.......Opposite Party(s) CONSUMER COMPLAINT NO. NC/CC/345/2015 WITH NC/IA/9686/2018 (PLACING ADDL. DOCUMENTS) MITALI ASHOK PARWANI & ANR.
PRESENT ADDRESS - Presently Residing at 2/302, Kamdhenu Apna Ghar Unit No. 14, Lokhandwala Complex, Swami Samarth Nagar, Andheri (W), , Mumbai - 400 053.
.......Complainant(s) Versus M/S SILVER DEVELOPERS PVT. LTD., PRESENT ADDRESS - Registered Office at; Silver Astra, "B", Wing, 2nd Floor, J.B. Nagar, Chakala, Andheri(East), , Mumbai - 400061 RAMKRISHNA NAGAR SUNSHINE CO.OP.HSG.SOC.LTD. PRESENT ADDRESS - (Through its Secretary & Chairman - Mr. V.P. Achrekar & Mr. Elroy Vaz), R/o Building No-18, 9th Road, Khar(West), , Mumbai - 400052 .......Opposite Party(s) CONSUMER COMPLAINT NO. NC/CC/344/2015 SHIBANI HEMENDRANATH ROY & ANR.
PRESENT ADDRESS - Presently Residing at 1903/1904, Royal Empires, Tower 37, Lokhandwala Road, Shastri Nagar, Near HDFC Bank, , Andheri (W), Mmumbai - 400053.
.......Complainant(s) Versus M/S. SILVEX DEVELOPERS PVT. LTD. & 4 ORS. PRESENT ADDRESS - Silver Astra, 'B' Wing, 2nd Floor, J.B. Nagar, Chakala, Andheri (E), , Mumbai - 400 061.
RAJENDRA GAJANAN GUDEKAR PRESENT ADDRESS - .
.......Opposite Party(s) CONSUMER COMPLAINT NO. NC/CC/550/2015 NISHIT ASHWAIN SHAH & ANR.
PRESENT ADDRESS - B/41-43, VARMA VILLA, VITHALBHAI ROAD, VILE PARLE(W) , MUMBAI-400056 MS. ANUJA MUKUL TRIVEDI PRESENT ADDRESS - B/41-43, VARMA VILLA, VITHALBHAI ROAD, VILE PARLE(W) , MUMBAI-400056 .......Complainant(s) Versus M/S. SILVEX DEVELOPERS PVT. LTD. & 4 ORS. PRESENT ADDRESS - SILVER ASTRA,'B' WING,2ND FLOOR, J.B. NAGAR, CHAKALA, ANDHERI(E), , MUMBAI-400 099 MR. ANTONY HENRY SILVA, DIRECTOR PRESENT ADDRESS - PHIL HAVEN, ST, PAUL ROAD, BANDRA (W), , MUMBAI-400050 MRS. NANCY alias NANCE SILVA, DIRECTOR PRESENT ADDRESS - PHIL HAVEN, ST, PAUL ROAD, BANDRA (W) , MUMBAI-400050 MR. NIKHIL JAMES SILVA,PROMOTER PRESENT ADDRESS - PHIL HAVEN, ST, PAUL ROAD, BANDRA (W) , MUMBAI-400050 R.K. NAGAR SUNSHINE CO-OP. HSG. SOC. LTD. PRESENT ADDRESS - (THROUGH ITS CHAIRMAN & SECRETARY) BUILDING NO. 18, 9TH ROAD, KHAR(W), , MUMBAI-400052 .......Opposite Party(s) CONSUMER COMPLAINT NO. NC/CC/1341/2015 WITH NC/IA/12100/2024 (PLACING ADDL. DOCUMENTS) NC/IA/2370/2025 (PLACING ADDL. DOCUMENTS) NC/IA/2359/2025 (PLACING ADDL. DOCUMENTS) CAPT. RAJEEV LALTAPRASAD MATHUR & ANR. PRESENT ADDRESS - R/O. 51/52 SARYU KAMAL COP HOUSING SOCIETY LTD., 1, PARK ROAD, , MUMBAI , VILE PARLE EAST , MUMBAI,MAHARASHTRA.
.......Complainant(s) Versus M/S. SILVEX DEVELOPERS PVT. LTD.
PRESENT ADDRESS - THROUGH ITS DIRECTORS, SILVER ASTRA, B WING, 2ND FLOOR, J.B. NAGAR, , MUMBAI , CHAKALA, ANDHERI E , MUMBAI,MAHARASHTRA. RAMKRISHNANAGAR SUNSHINE COOPERATIVE HOUSING SOCIETY PRESENT ADDRESS - THROUGH ITS SECRETARY BUILDING NO.18,9TH ROAD, CITY SURVEY C.T.S NO. E-872-A-2, , MUMBAI , RAMKRISHNANAGAR KHAT WEST, , MUMBAI,MAHARASHTRA.
SWANANDA S. KELKAR PRESENT ADDRESS - .
.......Opposite Party(s) CONSUMER COMPLAINT NO. NC/CC/347/2015 OMPRAKASH PRIBHDAS CHANDNANI & ANR.
PRESENT ADDRESS - PRESENTLY RESIDING AT B/17, SHANTI SAGAR, , MUMBAI - , 2ND FLOOR, S.V. ROAD, KHAR WEST, , MUMBAI SUBURBAN,MAHARASHTRA.
.......Complainant(s) Versus M/S. SILVEX DEVELOPERS PVT. LTD.
PRESENT ADDRESS - OFFICE AT SILVER ASTRA, B WING, 2ND FLOOR, , MUMBAI , J.B. NAGAR, CHAKALA, ANDHERI EAST , MUMBAI SUBURBAN,MAHARASHTRA. RAMKRISHNA NAGAR SUNSHINE CO.OP.HSG.SOC.LTD. PRESENT ADDRESS - .
.......Opposite Party(s) CONSUMER COMPLAINT NO. NC/CC/1959/2016 SWANAND SHASHIKANT KELKAR & ANR.
PRESENT ADDRESS - FLAT NO.-1103, 11TH FLOOR, VISTA 3 WADHWA, , MAHARASHTRA, MUMBAI , GHATKOPAR, WEST MUMBAI, , MUMBAI,MAHARASHTRA. PRERNA VERMA.
PRESENT ADDRESS - FLAT NO.-1103, 11TH FLOOR, VISTA 3 WADHWA, , MAHARASHTRA, MUMBAI , GHATKOPAR, WEST MUMBAI, , MUMBAI,MAHARASHTRA.
.......Complainant(s) Versus M/S. SILVEX DEVELOPERS PVT. LTD. & ANR. PRESENT ADDRESS - THROUGH ITS DIRECTOR.SILVER ASTRA, B WING, 2ND FLOOR, J.B. NAGAR, , MUMBAI , CHAKALA, ANDHERI E , MUMBAI,MAHARASHTRA. RAMKRISHNANAGAR SUNSHINE COOPERATIVE HOUSING SOCIETY. PRESENT ADDRESS - BUILDING NO.-18, 9TH ROAD, CITY SURVEY C.T.SNO.E-872-A-2, , MAHARASHTRA, MUMBAI , RAMKRISHNANAGAR KHAR WEST , MUMBAI,MAHARASHTRA.
.......Opposite Party(s) BEFORE:
HON'BLE MR. JUSTICE A. P. SAHI , PRESIDENT HON'BLE MR. BHARATKUMAR PANDYA , MEMBER FOR THE COMPLAINANT:
MR. MANISH DHIR, ADVOCATE MR. MAHESH L. KUKREJA, ADVOCATE FOR THE OPPOSITE PARTY:
NONE DATED: 09/03/2026 ORDER
1. These matters have been pending since 2015 and fortunately for all the Complainants the issues raised herein including the constructions or claim of compensation or otherwise the finalization of the project and its progress have all been agitated in Commercial Suit No. 268 of 2022 before the High Court of Judicature At Bombay. The orders passed by the Bombay High Court from time to time had been noticed by us and the matters were adjourned on several occasions on one account or the other keeping in view the developments before the Bombay High Court. The negotiations that went on have culminated in the orders passed by the Bombay High Court and for that we may quote the orders passed by us on 06.08.2024, 09.12.2024, 23.01.2025, 28.05.2025 and 15.10.2025:
06.08.2024 "1. Heard learned counsel for the parties.
2. The primary prayer made in these complaints is with regard to handing over the possession of the flats booked by the complainants in the building known as Silver Sunshine, Ram Krishna Nagar Sunshine Coo-op Housing Society Ltd., Khar (W), Mumbai.
3. The other prayers have also been made including that of delay compensation as well as other amounts under different heads. Learned counsel has pointed out that the issue regarding possession has also been raised in Original Suits filed before the Bombay High Court with regard to which, particulars are available and orders have been passed from time to time, as a result whereof, the project is now proceeding and according to the latest order of the Bombay High Court, the selection of the contractors has been proposed, on which orders are to be passed by Bombay High Court, for which it is informed that the next date fixed is 22.08.2024.
Learned counsel may file copy of the orders passed by Bombay High Court before the Registry through a compilation, within a week.
4. In view of the aforesaid facts, since this relief pertaining to possession is overlapping and is already being pursued before the Bombay High Court, let the orders of the Bombay High Court be brought to the notice of this Commission by the next date fixed and also inform any further progress in the matter.
5. List the matters on 09.12.2024."
09.12.2024 "Learned counsel for the complainants informs that the details have been reported by the Architect before the Bombay High Court where the matter is pending, as noted in the order dated 6th August, 2024. Learned counsel for the complainants, therefore, submits that as soon as an order is passed by the High Court in this regard, regarding the project and its progress, the statement will be made before this Commission to close these complaints. A prayer is made that the matter be adjourned for today and by the next date the information shall be tendered to this effect. Let the report of the Architect be filed by the next date fixed.
List on 23.01.2025 for directions."
23.01.2025 Adv. Rohini Prasad has appeared in CC No. 1341 of 2015.
All these complaints had been adjourned on 09.12.2024 and orders were passed seeking information about the proceedings before the Bombay High Court.
Two applications have been prepared and the learned counsel submits these applications could not be filed online and therefore the hard copies may be permitted to be filed before the Registry. Let it be filed within two days. Copies of the applications may be served on the learned counsel appearing in these matters.
It is further informed that the report of the Architect dated 02.12.2024 has already been tendered before the Bombay High Court and a copy of the same is also being filed along with the applications to be moved before this Commission.
Learned counsel has placed a copy of the said report before the Bench.
It is further informed that the next date before the Bombay High Court is 07.02.2025.
In view of the aforesaid progress, it is urged that the matter may be adjourned to enable the learned counsel to intimate this Commission about any progress in the matter so that these proceedings in the light of any orders being passed by the Bombay High Court be concluded.
Let the matter be listed for directions on 28.05.2025 28.05.2025 Mr. Mahesh L. Kukreja, learned counsel for some of the complainants, has sent a request for adjournment on account of personal injuries having been suffered by him in some unfortunate accident.
Mr. Manish Dhir, learned counsel, is present online for the complainant in NC/CC/344/2015.
Ms. Rohini Prasad, learned counsel, is present for the complainants in NC/CC/1341/2015. She has invited the attention of the Bench to the order passed by the Bombay High Court on 25.03.2025 in Commercial Suit No. 268 of 2022 (Ashok Hariram Parwani & Ors. Vs. Silvex Developers Ltd. & Ors.) on interim applications. The order is extracted hereunder:
"1. Mr. P. G. Lad appeared at the request of the Court and clarified that insofar MHADA as a planning authority was only reserved to ensure that the relevant provisions of the DCPR are duly met in any plan for development is submitted. He submits that, in the facts of the present case, MHADA would entertain a plan which is submitted by the Court Receiver, if the Court so directs.
2. In view of the fact that this Court has by previous orders directed the redevelopment to be done through the aegis of the Court Receiver, let the Court Receiver along with M/s. Shetgiri and Associate who are the architect appointed by the Court Receiver, therefore, take the necessary steps to submit the plans for redevelopment to MHADA.
3. Learned Counsel appearing on behalf of the Plaintiffs submits that the Plaintiffs have since collected further amounts and submit that they shall deposit an amount of Rs.1.5 Crores with the Court Receiver within a period of six weeks from today."
The matter stands adjourned to 15.10.2025, by which time learned counsel may intimate any progress made before the Bombay High Court 15.10.2025 It is informed by Ms. Rohini Prasad, learned counsel that Mr. Kukreja, learned counsel, who appears in some of the cases is not available today due to personal difficulty.
She has further intimated the Commission about the order passed by the Bombay High Court on 04.08.2025, which is extracted herein under:
"1. Matter is mentioned. Not on board. Taken on board.
2. By Praecipe bearing today's date, the learned Advocate for the Plaintiffs has sought for extension of time to deposit balance amount with the Court Receiver, which was directed to be deposited vide order dated 25th March 2025 within a period of six weeks from the date of the said order.
3. In view thereof, extension of time is granted.
4. The Plaintiffs shall deposit the balance amount with the Court Receiver as per order dated 25th March 2025 within a period of two weeks from the date of this order.
5. Praecipe is accordingly, disposed of.
Since an adjournment has been sought on behalf of Mr. Kukreja, let the matter stand out for 09.03.2026, by which time learned counsel may intimate this Commission about any further orders being passed by the Bombay High Court.
2. Today learned Counsel for the Complainants in Consumer Complaints No. 343 of 2015, 345 of 2015, 346 of 2015, 347 of 2015 and 550 of 2015 Mr. Kukreja informs that the matters have progressed and the payments that were to be made under the orders of the Bombay High Court to the Court Receiver is underway keeping in view the necessary steps that were directed to be taken by the Architect appointed by the Receiver. The plaintiffs had offered to make the deposits that have also been noticed in the previous orders quoted above.
3. We therefore find that necessary and sufficient progress has been made with regard to the grievances of all the Complainants before the Bombay High Court itself, and therefore leaving it open to all the Complainants to seek their redressal before the Bombay High Court in respect of the matters pertaining to their grievances raised herein, we close this Complaint without prejudice to their rights to agitate the matter in accordance with law. Even otherwise there is no useful purpose in continuing this parallel proceeding when the High Court of Bombay is directly monitoring the same and is seized of the matter with a considerable progress towards resolution of the dispute.
4. The Complaints are accordingly consigned with the said observations.
..................J A. P. SAHI PRESIDENT ..................
BHARATKUMAR PANDYA MEMBER MANVI SHARAD SINGH/Court-1/01