State Consumer Disputes Redressal Commission
Bhawani Tower B Wing Co-Op. Hsg. Soc. ... vs M/S. Arunodaya Construction Co. And Ors on 2 August, 2018
STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
MAHARASHTRA, MUMBAI
Misc.Application No.MA/18/121 in A/15/52
Bhawani Tower Co-op.Hsg.Soc.Ltd.
Bhawani Tower "B" wing
Near I.I.T.Main Gate, Powai
Mumbai 400 076 .....Applicant
Versus
1.M/s.Arunodaya Construction Co.
Millennium Tower, 3rd floor
Behind IOC Petrol pump
Opp.IIT Powai
Mumbai 400 076
2.Mr.Bhawani Shankar Sharma
Supreme House, Plot no.94/C
Pratap Gad
Opp.IIT Powai
Mumbai 400 076
3. Mr.Narottam Sharma
Prashant Apartment, 1st floor
Opp.IIT Powai
Mumbai 400 076
4. Mr.Prashant Sharma
Millennium Tower, 3rd floor
Behind IOC Petrol pump
Opp.IIT Powai .........Respondents
Mumbai 400 076
BEFORE: Justice A.P.Bhangale, President
Usha S.Thakare, Judicial Member
PRESENT:Mr.C.S.Malhotra-Advocate present for applicant alongwith
Mr.Uday B.Wavikar-Advocate.
Mr.S.B.Prabhavalkar-Advocate along with Ms.Poonam
Makhijani-Advocate for respondent
ORDER
Per Hon'ble Smt.Usha S.Thakare, Presiding Judicial Member
Executant/complainant 'Bhawani Tower 'B' Wing Co-op. Society Ltd. has filed this execution application under section 27 of Consumer Protection Act, 1986, against the respondents/ original opponents by submitting that the respondents willfully disobeyed the order passed by this Commission on interim relief application. According to applicant/appellant he had filed appeal to modify the order passed in consumer complaint no.12/2010 dated 30/09/2014. Appeal bearing no.52/2015 was filed on 13/01/2015 which was admitted on 20/06/2016. Along with appeal, applicant/appellant had also filed an interim relief application. Appellant has requested that pending hearing of appeal, the Commission may be pleased to order ad-interim injunction restraining the respondent nos.1,2,3 & 4, their partners, servants and or any other persons acting under them from carrying out any development work, to add, alter, construct additional structure/floors on the plot of land bearing no.CTS 32 (part) situated at Tirandaz village, Gandhi Nagar, Opp.I.I.T.Powai, Mumbai 400 076. Opponents be directed not to create third party interest and to maintain the status quo till the final disposal of appeal.
It is submitted that appellant did not pursue the application filed by the appellant as the respondents had assured the applicant that they had no intention of carrying out any civil work and/or creating third party interest on Plot no.CTS 32.
It is observed by the appellant in the month of August 2016 that the respondents started civil work on structure known as Durga Nivas. Respondent had also started sewage work at a very large scale. Appellants made several representations to the respondents but of no use. Therefore appellant made an urgent application which was taken up for hearing by this Commission on 08/11/2016.
After hearing both the parties State Commission was pleased to pass following order on 08/11/2016.
" Respondents/opponents are directed not to do any work in the disputed property and not to create third party interest in respect of disputed property till further orders. S/o. 22/03/2017."
The respondents have consistently and habitually violated and defied the order of this Commission. Hence, applicants have requested to initiate proceeding against all the respondents as provided u/sec.27 of Consumer Protection Act, 1986.
Heard both the parties. Appeal filed by the appellant is dismissed after hearing both the parties on merits. Appeal was filed in the year 2015. Application was taken up for hearing on 08/11/2016. The order passed by this Commission is an interim order. First appeal bearing no.52/2015 is disposed of by judgment dated 02/08/2018. Interim order came to an end. As such, misc. application bearing no.MA/18/121 is now infructuous. Order under execution is infructuous. Hence application is now filed.
Pronounced on 2nd August, 2018.
[Justice A.P.Bhangale] PRESIDENT [Usha S.Thakare] JUDICIAL MEMBER Ms