National Consumer Disputes Redressal
Chandni Arora & Anr. vs M/S. Koregaon Properties Pvt. Ltd. & ... on 10 February, 2015
NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI CONSUMER CASE NO. 151 OF 2008 WITH IA/1784/2014 1. CHANDNI ARORA & ANR. Ds/o Mr. Pradeep Arora, (Through their GPA Holder Mr. Pradeep Arora), Resident of Flat No. 71, Mit Riviera, 12-A, Boat Club Road Pune - 411 001 Maharashtra 2. SIMRAN ARORA Ds/o Mr. Pradeep Arora, (Through thier GPA Holder Mr. Pradeep Arora) Resident of Flat No. 71, Mit Riviera, 12-A, Boat Club Road Pune - 411 001 Maharashtra ...........Complainant(s) Versus 1. M/S. KOREGAON PROPERTIES PVT. LTD. & ORS. Through its Director Mr. Rajesh Kantilal Shah, Having its Offices at (A)M/s. 29/16, D-2 Block, MIDC, Chinchwad, Pune, (B)Gurukripa, Ground Floor, 133, Kazi Sayyed Street Mumbai - 400 003 Maharashtra 2. KANTILAL NARANDAS SHAH Director, M/s. Koregaon Properties Pvt. Ltd., 13/5 Rajhans, 6, Dongersi Road, Walkeshwar Mumbai - 400 006 Maharashtra 3. RAJESH KANTILAL SHAH Director, M/s. Koregaon Properties Pvt. Ltd., 13/5 Rajhans, 6, Dongersi Road, Walkeshwar Mumbai - 400 006 Maharashtra 4. NARENDRA KANTILAL SHAH Director, M/s. Koregaon Properties Pvt. Ltd., 13/5 Rajhans, 6, Dongersi Road, Walkeshwar Mumbai - 400 006 Maharashtra 5. YOGESH KARIA Yogesh House, 2nd Floor, 2412, East Street Pune - 411 001 Maharashtra 6. YOGESH KARIA 102 & 112, Mit Riviera, 12A, Boat Club Road Pune - 411 001 Maharashtra ...........Opp.Party(s) CONSUMER CASE NO. 152 OF 2008 WITH IA/1784/2014 1. PRADEEP ARORA Resident of Flat No. 71, Mit Riviera, 12-A, Boat Club Road Pune - 411 001 Maharashtra ...........Complainant(s) Versus 1. M/S. KOREGAON PROPERTIES PVT. LTD. & ORS. Through its Director, Mr. Rajesh Kantilal Shah, Having its Offices at, (A)M/s. 29/16, D-2 Block, MIDC, Chinchwad, Pune, (B)Gurukripa, Ground Floor, 133, Kazi Sayyed Street Mumbai - 400 003 Maharashtra 2. KANTILAL NARANDAS SHAH Director, M/s. Koregaon Properties Pvt. Ltd., 13/5 Rajhans, 6, Dongersi Road, Walkeshwar Mumbai - 400 006 Maharashtra 3. RAJESH KANTILAL SHAH Director, M/s. Koregaon Properties Pvt. Ltd., 13/5 Rajhans, 6, Dongersi Road, Walkeshwar Mumbai - 400 006 Maharashtra 4. NARENDRA KANTILAL SHAH Director, M/s. Koregaon Properties Pvt. Ltd., 13/5 Rajhans, 6, Dongersi Road, Walkeshwar Mumbai - 400 006 Maharashtra 5. YOGESH KARIA Yogesh House, 2nd Floor, 2412, East Street Pune - 411 001 Maharashtra 6. YOGESH KARIA 102 & 112, Mit Rivira, 12A, Boat Club Road Pune - 411 001 Maharashtra ...........Opp.Party(s) FIRST APPEAL NO. 464 OF 2009 (Against the Order dated 15/10/2009 in Complaint No. 35/2009 of the State Commission Maharastra) WITH IA/1784/2014 1. SIMRAN ARORA Through their GPA Holder Mr. Pradeep Arora, R/o Flat No. 71, Mit Riviera, 12-A, Boat Club Road Pune - 411 001 2. Ms. Chandani Arora Father and her GPA Holder, Mr.Pradeep Arora, Resident of Flat No.71, Mit Riviera,12-A, Boat Club Road, Pune-411 001 Maharastra ...........Appellant(s) Versus 1. M/S. KOREGAON PROPERTIES PVT. LTD. Through its Director & Digital Signatory, Mr. Rajesh Kantilal Shah, Office at - (A)M/s. 29/16, D-2 Block, MIDC, Chinchwad, Pune Maharastra 2. KANTILAL NARANDAS SHAH Director, M/s. Koregaon Properties Pvt. Ltd., 13/5 Rajhans, 6 Dongersi Road, Walkeshwar Mumbai - 400 006 3. RAJESH KANTILAL SHAH Director, M/s. Koregaon Prop. Pvt. Ltd., 13/5 Rajhans, 6 Dongersi Road, Walkeshwar Mumbai - 400 006 4. NARENDRA KANTILAL SHAH Director, M/s. Koregaon Prop. Pvt. Ltd., 13/5 Rajhans, 6 Dongersi Road, Walkeshwar Mumbai - 400 006 5. YOGESH KARIA (A) Yogesh House, 2nd Floor, 2412, East Street, Pune - 411 001, (B) 102 & 112, MIT Riviera, 12 A, Boat Club Road Pune - 411 001 6. M/s Koregaon Properties Pvt. Ltd, Through its Director and Digital Sigantory, Mr. Rajesah Kantilal Shah, Having its office also at : Gurukripa Ground floor, 133, Kazi Sayyed Street, Mumbai-400 003 Maharastra ...........Respondent(s)
BEFORE: HON'BLE MR. JUSTICE D.K. JAIN, PRESIDENT HON'BLE MRS. M. SHREESHA, MEMBER For the Appellant : Mr.Jayant K. Mehta, Advocate with Complainants Mr.Saurabh Dev Karan Singh, Advocate For the Respondent : Mr.Yeshraj Singh Deora, Advocate Dated : 10 Feb 2015 ORDER We are happy to note that during the course of hearing of these matters, learned counsel appearing for both the parties state that their respective clients are still willing to abide by the Terms of Settlement, placed on record in all the three cases vide joint-applications filed on 18.3.2014. They further state that all the parties to the Terms of Settlement, signed on 14.3.2014, which is also supported by the affidavits of Mr.Pradeep Arora for self and as Constituted Attorney on behalf of his two daughters; Narender Kantilal Shah - one of the Directors' of M/s Koregaon Properties Pvt. Ltd. and Shakeel Sarwar Wani, Special Power of Attorney-Holder of Respondent No.5 in all the cases, shall remain bound by the terms of the said Settlement. It is also agreed that the Developer, M/s Koregaon Properties P. Ltd., shall hand- over 2-3 copies of Conveyance Deeds executed by it with other flat owners to learned counsel for the Complainants to facilitate finalisation of the Conveyance Deed, within two weeks of the receipt of the said copies.
It is also agreed that, in case, the parties fail to agree on the terms of the Sale Deed within the said period of two weeks, the Developer shall execute the Conveyance Deeds strictly on the standard format, to be forwarded to the Complainants in terms of this order.
Both the Complaints as well as the First Appeal stand disposed of in the above terms. The terms and conditions set out in the afore-mentioned Memorandum of Settlement shall form part of this order. If any difficulty in the enforcement of this order is experienced by either of the parties, it will be open to both the parties to seek appropriate orders.
Learned counsel appearing for the Complainants, however, submits that since Mr.Pradeep Arora is not in a position to travel from Australia for about two months, the Conveyance Deed may be executed within three months from its finalization, on a mutually agreed date and time, for which the complainants shall give adequate notice to the Developer.
......................J D.K. JAIN PRESIDENT ...................... M. SHREESHA MEMBER