National Consumer Disputes Redressal
M/S. Bhumiraj Constructions & Anr. vs Chetna Yogesh Kumar & 3 Ors. on 23 May, 2017
NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI FIRST APPEAL NO. 51 OF 2017 (Against the Order dated 28/11/2016 in Complaint No. 410/2014 of the State Commission Maharastra) WITH IA/2462/2017 1. M/S. BHUMIRAJ CONSTRUCTIONS & ANR. A REGISTERED PARTNERSHIP FIRM, HAVING ITS OFFICE AT C-2 BIG SPLASH, SECTOR-17, VASHI, NAVI MUMBAI- 2. MR. BHUPENDRA MURJI SHAH RESIDING AT FLAT NO. 2801, BHUMIRAJ HERMITAGE, PLOT NO. 1 AND 2, SECTOR-8, SANPADA, NAVI MUMBAI ...........Appellant(s) Versus 1. CHETNA YOGESH KUMAR & 3 ORS. RESIDING AT FLAT NO. A 1102/1103, 11TH FLOOR, A WING CO-OP. HOUSING LTD.,LOCATED AT PLOT NO. 1 AND 2, SECTOR-18, SANPADA, NAVI MUMBAI- 2. ASHWIN PRABUDAS VORA RESIDING AT BHUMIRAJ COSTARICA,PLOT NO. 1 AND 2, SECTOR-18, SANPADA, NAVI MUMBAI- 3. M/S. VISHESH HOMES PVT LTD., HAVING ITS OFFICE AT D-12, HIRA MANEK, BAPISTA ROAD, VILLE PARLE, (WEST), MUMBAI-400056 MAHARASHTRA 4. RAJESH R.C. ARCHITECT, HAVING ITS OFFICE AT 1-14, MAHAVIR CENTRE, SECTOR-17, VASHI, NAVI MUMBAI-4000705 ...........Respondent(s) FIRST APPEAL NO. 52 OF 2017 (Against the Order dated 28/11/2016 in Complaint No. 411/2014 of the State Commission Maharastra) WITH
IA/2462/2017 1. M/S. BHUMIRAJ CONSTRUCTIONS & ANR. REGD. PARTNERSHIP FIRM, HAVING ITS OFFICE AT C-2 BIG SPLASH, SECTOR-17, VASHI, NAVI MUMBAI 2. MR. BHUPENDRA MURJI SHAH RESIDING AT FLAT NO. 2801, BHUMIRAJ HERMITAGE, PLOT NO. 1 AND 2, SECTOR-18, SANPADA, NAVI MUMBAI ...........Appellant(s) Versus 1. SATISH S. KATHURIA & 5 ORS. RESIDING AT FLAT NO. A 1702/1703, 17TH FLOOR, 'A' WING CO-OP. HSG. SOC. LTD., LOCATED AT PLOT NO. 1 AND 2, SECTOR-18, SANPADA NAVI MUMBAI 2. MRS. REKHA S. KATHURIA RESIDING AT FLAT NO. A 1702/1703, 17TH FLOOR, 'A' WING CO-OP. HSG. SOC. LTD., LOCATED AT PLOT NO. 1 AND 2, SECTOR-18, SANPADA NAVI MUMABI 3. MR. GAURAV S. KATHURIA RESIDING AT FLAT NO. A 1702/1703, 17TH FLOOR, 'A' WING CO-OP. HSG. SOC. LTD., LOCATED AT PLOT NO. 1 AND 2, SECTOR-18, SANPADA NAVI MUMABI 4. ASWIN PRABUDAS VORA RESIDING AT BHUMIRAJ COSTARICA, PLOT NO. 1 AND 2, SECTOR-18, SANPADA, NAVI MUMBAI 5. M/S. VISHESH HOMES PVT LTD., HAVING ITS OFFICE AT D-12, HIRA MANEK, BAPISTA ROAD, VILLE PARLE (WEST) MUMBAI-400056 6. RAJESH R.C. ARCHITECT HAVING ITS OFFICE AT 1-14, MAHAVIR CENTRE, SECTOR-17, VASHI, NAVI MUMBAI-400705 ...........Respondent(s) FIRST APPEAL NO. 53 OF 2017 (Against the Order dated 28/11/2016 in Complaint No. 412/2014 of the State Commission Maharastra) WITH IA/2462/2017 1. M/S. BHUMIRAJ CONSTRUCTIONS & ANR. REGD. PARTNERSHIP FIRM, HAVING ITS OFFICE AT C-2 BIG SPLASH, SECTOR-17, VASHI, NAVI MUMBAI ...........Appellant(s) Versus 1. S.G. SUBRAMONEY & 4 ORS. RESIDING AT FLAT NO. A 601, 6TH FLOOR, A WING CO-OP. HSG SOC. LTD., LOCATED AT PLOT NO. 1 AND 2, SECTOR-18, SANPADA NAVI MUMBAI 2. MRS. SHARDA SUBRAMONEY RESIDING AT FLAT NO. A 601, 6TH FLOOR, 'A' WING CO-OP. HSG SOC. LTD., LOCATED AT PLOT NO. 1 AND 2, SECTOR-18, SANPADA NAVI MUMBAI 3. ASWIN PRABUDAS VORA RESIDING AT BHUMIRAJ COSTARICA, PLOT NO. 1 AND 2, SECTOR-18, SANPADA, NAVI MUMBAINAVI MUMBAI 4. M/S. VISHESH HOMES PVT LTD., HAVING ITS OFFICE AT D-12, HIRA MANEK, BAPISTA ROAD, VILLE PARLE (WEST) MUMBAI-400056 5. RAJESH R.C. ARCHITECT HAVING ITS OFFICE AT 1-14, MAHAVIR CENTRE, SECTOR-17, VASHI, NAVI MUMBAI-400705 ...........Respondent(s) FIRST APPEAL NO. 54 OF 2017 (Against the Order dated 28/11/2016 in Complaint No. 413/2014 of the State Commission Maharastra) WITH IA/2462/2017 1. M/S. BHUMIRAJ CONSTRUCTIONS & ANR. REGD. PARTNERSHIP FIRM, HAVING ITS OFFICE AT C-2 BIG SPLASH, SECTOR-17, VASHI, NAVI MUMBAI 2. MR. BHUPENDRA MURJI SHAH RESIDING AT FLAT NO. 2801, BHUMIRAJ HERMITAGE, PLOT NO. 1 AND 2, SECTOR-18, SANPADA, NAVI MUMBAI ...........Appellant(s) Versus 1. JOSEPH VARGHESE & 4 ORS. RESIDING AT FLAT NO. A 1003, 10TH FLOOR, 'A' WING CO-OP. HOUSING. SOC LTD., LOCATED AT PLOT NO. 1 AND 2, SECTOR-18, SANPADA, NAVI MUMBAI- 2. SCISSY VARGHESE RESIDING AT FLAT NO. A 1003, 10TH FLOOR, 'A' WING CO-OP. HOUSING SOC. LTD., LOCATED AT PLOT NO. 1 AND 2, SECTOR-18, SANPADA, NAVI MUMBAI- 3. ASWIN PRABUDAS VORA RESIDING AT BHUMIRAJ COSTARICA, PLOT NO. 1 AND 2, SECTOR-18, SANPADA, NAVI MUMBAI 4. M/S. VISHESH HOMES PVT LTD., HAVING ITS OFFICE AT D-12, HIRA MANEK, BAPISTA ROAD, VILLE PARLE (WEST) MUMBAI-400056 5. RAJESH R.C. ARCHITECT HAVING ITS OFFICE AT 1-14, MAHAVIR CENTRE, SECTOR-17, VASHI, NAVI MUMBAI-400705 ...........Respondent(s) FIRST APPEAL NO. 55 OF 2017 (Against the Order dated 28/11/2016 in Complaint No. 414/2014 of the State Commission Maharastra) WITH IA/2462/2017 1. M/S. BHUMIRAJ CONSTRUCTIONS & ANR. REGD. PARTNERSHIP FIRM, HAVING ITS OFFICE AT C-2 BIG SPLASH, SECTOR-17, VASHI, NAVI MUMBAI 2. MR. BHUPENDRA MURJI SHAH RESIDING AT FLAT NO. 2801, BHUMIRAJ HERMITAGE, PLOT NO. 1 AND 2, SECTOR-18, SANPADA, NAVI MUMBAI 3. MR. BHUPENDRA MURJI SHAH RESIDING AT FLAT NO. 2801, BHUMIRAJ HERMITAGE, PLOT NO. 1 AND 2, SECTOR-18, SANPADA, NAVI MUMBAI ...........Appellant(s) Versus 1. DR. AJAY UPADHYAY & 4 ORS. RESIDNG AT PLOT NO. D 1402, 14TH FLOOR, 'D' WING CO-OP. HOUSING SOC. LTD., LOCATED AT PLOT NO. 1 AND 2, SECTOR-18, SANPADA, NAVI MUMBAI 2. SMITA AJAY UPADHYAY RESIDING AT FLAT NO. D 1402, 14TH FLOOR, 'D' WING CO-OP. HOUSING SOCIETY LTD., LOCATED AT PLOT NO. 1 AND 2, SECTOR-18, SANPADA, NAVI MUMBAI- 3. SMITA AJAY UPADHYAY RESIDING AT FLAT NO. D 1402, 14TH FLOOR, 'D' WING CO-OP. HOUSING SOCIETY LTD., LOCATED AT PLOT NO. 1 AND 2, SECTOR-18, SANPADA, NAVI MUMBAI- 4. ASWIN PRABUDAS VORA RESIDING AT BHUMIRAJ COSTARICA, PLOT NO. 1 AND 2, SECTOR-18, SANPADA, NAVI MUMBAI 5. M/S. VISHESH HOMES PVT LTD., HAVING ITS OFFICE AT D-12, HIRA MANEK, BAPISTA ROAD, VILLE PARLE (WEST) MUMBAI-400056 6. RAJESH R.C. ARCHITECT HAVING ITS OFFICE AT 1-14, MAHAVIR CENTRE, SECTOR-17, VASHI, NAVI MUMBAI-400705 ...........Respondent(s) FIRST APPEAL NO. 56 OF 2017 (Against the Order dated 28/11/2016 in Complaint No. 415/2014 of the State Commission Maharastra) WITH IA/2462/2017 1. M/S. BHUMIRAJ CONSTRUCTIONS & ANR. REGD. PARTNERSHIP FIRM, HAVING ITS OFFICE AT C-2 BIG SPLASH, SECTOR-17, VASHI, NAVI MUMBAI 2. MR. BHUPENDRA MURJI SHAH RESIDING AT FLAT NO. 2801, BHUMIRAJ HERMITAGE, PLOT NO. 1 AND 2, SECTOR-18, SANPADA, NAVI MUMBAI ...........Appellant(s) Versus 1. RAJENDRA SHANTARAM VINHERKAR & 4 ORS. RESIDING AT FLAT NO. A 701, 7TH FLOOR, 'A' WING CO-OP. HSG SOC. LTD., LOCATED AT PLOT NO. 1 AND 2, SECTOR-18, SANPADA NAVI MUMBAI 2. LEENA RAJENDRA VINHERKAR RESIDING AT FLAT NO. A 701, 7TH FLOOR, 'A' WING CO-OP. HSG SOC. LTD., LOCATED AT PLOT NO. 1 AND 2, SECTOR-18, SANPADA NAVI MUMBAI 3. ASWIN PRABUDAS VORA RESIDING AT BHUMIRAJ COSTARICA, PLOT NO. 1 AND 2, SECTOR-18, SANPADA, NAVI MUMBAI 4. M/S. VISHESH HOMES PVT LTD., HAVING ITS OFFICE AT D-12, HIRA MANEK, BAPISTA ROAD, VILLE PARLE (WEST) MUMBAI-400056 5. RAJESH R.C. ARCHITECT HAVING ITS OFFICE AT 1-14, MAHAVIR CENTRE, SECTOR-17, VASHI, NAVI MUMBAI-400705 ...........Respondent(s) FIRST APPEAL NO. 57 OF 2017 (Against the Order dated 28/11/2016 in Complaint No. 33/2015 of the State Commission Maharastra) WITH IA/2462/2017 1. M/S. BHUMIRAJ CONSTRUCTIONS & ANR. REGD. PARTNERSHIP FIRM, HAVING ITS OFFICE AT C-2 BIG SPLASH, SECTOR-17, VASHI, NAVI MUMBAI 2. MR. BHUPENDRA MURJI SHAH RESIDING AT FLAT NO. 2801, BHUMIRAJ HERMITAGE, PLOT NO. 1 AND 2, SECTOR-18, SANPADA, NAVI MUMBAI ...........Appellant(s) Versus 1. DEEPAK SHANKAR VORA & 4 ORS. RESIDINGA T FLAT NO. B 1901/1902, 19TH FLOOR, 'B' WING CO-OP. HOUSING SOC. LTD., LOCATED AT PLOT NO. 1 AND 2, SECTOR-18, SANPADA, NAVI MUMBAI 2. SHAMA DEEPAK SAWANT RESIDING AT FLAT NO. B 1901/1902, 19TH FLOOR, 'B' WING CO. OP. HOUSING LTD., LOCATED AT PLOT NO. 1 AND 2, SECTOR-18, SANPADA, NAVI MUMBAI- 3. ASWIN PRABUDAS VORA RESIDING AT BHUMIRAJ COSTARICA, PLOT NO. 1 AND 2, SECTOR-18, SANPADA, NAVI MUMBAI MAHARASHTRA 4. M/S. VISHESH HOMES PVT LTD., HAVING ITS OFFICE AT D-12, HIRA MANEK, BAPISTA ROAD, VILLE PARLE (WEST) MUMBAI-400056 5. RAJESH R.C. ARCHITECT HAVING ITS OFFICE AT 1-14, MAHAVIR CENTRE, SECTOR-17, VASHI, NAVI MUMBAI-400705 ...........Respondent(s) FIRST APPEAL NO. 58 OF 2017 (Against the Order dated 28/11/2016 in Complaint No. 34/2015 of the State Commission Maharastra) WITH IA/2462/2017 1. M/S. BHUMIRAJ CONSTRUCTIONS & ANR. REGD. PARTNERSHIP FIRM, HAVING ITS OFFICE AT C-2 BIG SPLASH, SECTOR-17, VASHI, NAVI MUMBAI 2. MR. BHUPENDRA MURJI SHAH RESIDING AT FLAT NO. 2801, BHUMIRAJ HERMITAGE, PLOT NO. 1 AND 2, SECTOR-18, SANPADA, NAVI MUMBAI ...........Appellant(s) Versus 1. K.O. THOMAS & 3 ORS. RESIDING AT FLAT NO. B 2001/2002, 20TH FLOOR, B WING CO-OP. HSG SOC. LTD., LOCATED AT PLOT NO. 1 AND 2, SECTOR-18, SANPADA NAVI MUMBAI 2. ASWIN PRABUDAS VORA RESIDING AT BHUMIRAJ COSTARICA, PLOT NO. 1 AND 2, SECTOR-18, SANPADA, NAVI MUMBAI 3. M/S. VISHESH HOMES PVT LTD., HAVING ITS OFFICE AT D-12, HIRA MANEK, BAPISTA ROAD, VILLE PARLE (WEST) MUMBAI-400056 4. RAJESH R.C. ARCHITECT HAVING ITS OFFICE AT 1-14, MAHAVIR CENTRE, SECTOR-17, VASHI, NAVI MUMBAI-400705 ...........Respondent(s) FIRST APPEAL NO. 59 OF 2017 (Against the Order dated 28/11/2016 in Complaint No. 35/2015 of the State Commission Maharastra) WITH IA/2462/2017 1. M/S. BHUMIRAJ CONSTRUCTIONS & ANR. REGD. PARTNERSHIP FIRM, HAVING ITS OFFICE AT C-2 BIG SPLASH, SECTOR-17, VASHI, NAVI MUMBAI 2. MR. BHUPENDRA MURJI SHAH RESIDING AT FLAT NO. 2801, BHUMIRAJ HERMITAGE, PLOT NO. 1 AND 2, SECTOR-18, SANPADA, NAVI MUMBAI ...........Appellant(s) Versus 1. DELCY THOMAS KALLARAKKAL & 4 ORS. RESIDING AT FLAT NO. B 2001/2002, 20TH FLOOR, 'B WING CO-OP. HOUSING SOCIETY LTD., LOCATED AT PLOT NO. 1 AND 2, SECTOR-18, SANPADA, NAVI MUMBAI 2. K.O. THOMAS RESIDING AT FLAT NO. B 2001/2002, 20TH FLOOR, B WING CO-OP. HSG SOC. LTD., LOCATED AT PLOT NO. 1 AND 2, SECTOR-18, SANPADA NAVI MUMBAI 3. ASWIN PRABUDAS VORA RESIDING AT BHUMIRAJ COSTARICA, PLOT NO. 1 AND 2, SECTOR-18, SANPADA, NAVI MUMBAI 4. M/S. VISHESH HOMES PVT LTD., HAVING ITS OFFICE AT D-12, HIRA MANEK, BAPISTA ROAD, VILLE PARLE (WEST) MUMBAI-400056 5. RAJESH R.C. ARCHITECT HAVING ITS OFFICE AT 1-14, MAHAVIR CENTRE, SECTOR-17, VASHI, NAVI MUMBAI-400705 ...........Respondent(s) FIRST APPEAL NO. 60 OF 2017 (Against the Order dated 28/11/2016 in Complaint No. 36/2015 of the State Commission Maharastra) WITH IA/2462/2017 1. M/S. BHUMIRAJ CONSTRUCTIONS & ANR. REGD. PARTNERSHIP FIRM, HAVING ITS OFFICE AT C-2 BIG SPLASH, SECTOR-17, VASHI, NAVI MUMBAI 2. MR. BHUPENDRA MURJI SHAH RESIDING AT FLAT NO. 2801, BHUMIRAJ HERMITAGE, PLOT NO. 1 AND 2, SECTOR-18, SANPADA, NAVI MUMBAI ...........Appellant(s) Versus 1. T. ESSAKKI & 4 ORS. RESIDING AT FLAT NO. B 1101, 11TH FLOOR, 'B' WING CO-OP. HOUSING SOC LTD., LOCATED AT PLOT NO. 1 AND 2, SECTOR-18, SANPADA, NAVI MUMBAI 2. E. MUTHULAKSHMI RESIDING AT FLAT NO. B 1101, 11TH FLOOR, 'B' WING CO-OP. HOUSING SOCIETY LTD., LOCATED AT PLOT NO. 1 AND 2, SECTOR-18, SANAPADA, NAVI MUMBAI 3. ASWIN PRABUDAS VORA RESIDING AT BHUMIRAJ COSTARICA, PLOT NO. 1 AND 2, SECTOR-18, SANPADA, NAVI MUMBAI 4. M/S. VISHESH HOMES PVT LTD., HAVING ITS OFFICE AT D-12, HIRA MANEK, BAPISTA ROAD, VILLE PARLE (WEST) MUMBAI-400056 5. RAJESH R.C. ARCHITECT HAVING ITS OFFICE AT 1-14, MAHAVIR CENTRE, SECTOR-17, VASHI, NAVI MUMBAI-400705 ...........Respondent(s) FIRST APPEAL NO. 61 OF 2017 (Against the Order dated 28/11/2016 in Complaint No. 130/2015 of the State Commission Maharastra) WITH IA/2462/2017 1. M/S. BHUMIRAJ CONSTRUCTIONS & ANR. REGD. PARTNERSHIP FIRM, HAVING ITS OFFICE AT C-2 BIG SPLASH, SECTOR-17, VASHI, NAVI MUMBAI 2. MR. BHUPENDRA MURJI SHAH RESIDING AT FLAT NO. 2801, BHUMIRAJ HERMITAGE, PLOT NO. 1 AND 2, SECTOR-18, SANPADA, NAVI MUMBAI ...........Appellant(s) Versus 1. DEEPAK R. DHIR & 4 ORS. RESIDING AT FLAT NO. C 1101, 11TH FLOOR, 'C' WING, CO-OP. HOUSING SOC. LTD., LOCATED AT PLOT NO. 1 AND 2, SECTOR-18, SANPADA, NAVI MUMBAI 2. PIYUSH BENEGAL RESIDING AT FLAT NO. C 1101, 11TH FLOOR, 'C' WING CO-OP. HOUSING SOCIETY LTD., LOCATED AT PLOT NO. 1 AND 2, SECTOR-18, SANPADA, NAVI MUMBAI 3. ASWIN PRABUDAS VORA RESIDING AT BHUMIRAJ COSTARICA, PLOT NO. 1 AND 2, SECTOR-18, SANPADA, NAVI MUMBAI 4. M/S. VISHESH HOMES PVT LTD., HAVING ITS OFFICE AT D-12, HIRA MANEK, BAPISTA ROAD, VILLE PARLE (WEST) MUMBAI-400056 5. RAJESH R.C. ARCHITECT HAVING ITS OFFICE AT 1-14, MAHAVIR CENTRE, SECTOR-17, VASHI, NAVI MUMBAI-400705 ...........Respondent(s) FIRST APPEAL NO. 62 OF 2017 (Against the Order dated 28/11/2016 in Complaint No. 131/2015 of the State Commission Maharastra) WITH IA/2462/2017 1. M/S. BHUMIRAJ CONSTRUCTIONS & ANR. REGD. PARTNERSHIP FIRM, HAVING ITS OFFICE AT C-2 BIG SPLASH, SECTOR-17, VASHI, NAVI MUMBAI 2. MR. BHUPENDRA MURJI SHAH RESIDING AT FLAT NO. 2801, BHUMIRAJ HERMITAGE, PLOT NO. 1 AND 2, SECTOR-18, SANPADA, NAVI MUMBAI ...........Appellant(s) Versus 1. SURINDER SINGH JAGGI & 6 ORS. RESIDING AT FLAT NO. A 502/503, 5TH FLOOR, 'A' WING CO-OP. HOUSING SOC. LTD., LOCATED AT PLOT NO. 1 AND 2, SECTOR-18, SANPADA, NAVI MUMBAI 2. MRS. VEENA S. JAGGI RESIDING AT FLAT NO. A 502/503, 5TH FLOOR, 'A' WING CO-OP. HOUSING SOCI. LTD., LOCATED AT PLOT NO. 1 AND 2, SECTOR-18, SANPADA, NAVI MUMBAI- 3. MR. JASPAL SINGH NAGI RESIDING AT 17/1105-6, "INDIRA DARSHAN", OFF NEW LINK ROAD, OSHIWARA, ANDHERI (WEST) MUMBAI-400053 4. MRS. GURJIT KAUR NAGI RESIDING AT 17/1105-6, "INDIRA DARSHAN", OFF NEW LINK ROAD, OSHIWARA, ANDHERI (WEST) MUMBAI-400053 5. ASHWIN PRABUDAS VORA RESIDING AT BHUIRAJ COSTARICA, PLOT NO. 1 AND 2, SECTOR-18, SANPADA, NAVI MUMBAI 6. M/S. VISHESH HOMES PVT LTD., HAVING ITS OFFICE AT D-12, HIRA MANEK, BAPISTA ROAD, VILLE PARLE (WEST) MUMBAI-400056 7. RAJESH R.C. ARCHITECT HAVING ITS OFFICE AT 1-14, MAHAVIR CENTRE, SECTOR-17, VASHI, NAVI MUMBAI-400705 ...........Respondent(s) FIRST APPEAL NO. 63 OF 2017 (Against the Order dated 28/11/2016 in Complaint No. 132/2015 of the State Commission Maharastra) WITH IA/2462/2017 1. M/S. BHUMIRAJ CONSTRUCTIONS & ANR. REGD. PARTNERSHIP FIRM, HAVING ITS OFFICE AT C-2 BIG SPLASH, SECTOR-17, VASHI, NAVI MUMBAI ...........Appellant(s) Versus 1. CHARANJIT SINGH VIG & 4 ORS. RESIDING AT FLAT NO. A 1202/1203, 12TH FLOOR, 'A'WING CO-OP. HOUSING SOC. LTD., LOCATED AT PLOT NO. 1 AND 2, SECTOR-18, SANPADA, NAVI MUMBAI 2. DEEPTI KAUR RESIDING AT FLAT NO. A 1202/1203, 12TH FLOOR, 'A'WING CO-OP. HOUSING SOCIETY LTD., LOCATED AT PLOT NO. 1 AND 2, SECTOR-18, SANPADA, NAVI MUMBAI 3. ASWIN PRABUDAS VORA RESIDING AT BHUMIRAJ COSTARICA, PLOT NO. 1 AND 2, SECTOR-18, SANPADA, NAVI MUMBAI 4. M/S. VISHESH HOMES PVT LTD., HAVING ITS OFFICE AT D-12, HIRA MANEK, BAPISTA ROAD, VILLE PARLE (WEST) MUMBAI-400056 5. RAJESH R.C. ARCHITECT HAVING ITS OFFICE AT 1-14, MAHAVIR CENTRE, SECTOR-17, VASHI, NAVI MUMBAI-400705 ...........Respondent(s) FIRST APPEAL NO. 64 OF 2017 (Against the Order dated 28/11/2016 in Complaint No. 133/2015 of the State Commission Maharastra) WITH IA/2462/2017 1. M/S. BHUMIRAJ CONSTRUCTIONS & ANR. REGD. PARTNERSHIP FIRM, HAVING ITS OFFICE AT C-2 BIG SPLASH, SECTOR-17, VASHI, NAVI MUMBAI 2. MR. BHUPENDRA MURJI SHAH RESIDING AT FLAT NO. 2801, BHUMIRAJ HERMITAGE, PLOT NO. 1 AND 2, SECTOR-18, SANPADA, NAVI MUMBAI ...........Appellant(s) Versus 1. SEWANANDA KONWAR & 4 ORS. RESIDING AT FLAT NO. D 1901, 19TH FLOOR, 'D' WING CO-OP. HOUSING SOC. LTD., LOCATED AT PLOT NO. 1 AND 2, SECTOR-18, SANPADA, NAVI MUMBAI 2. SARASWATI KONWAR RESIDING AT FLAT NO. D 1901, 19TH FLOOR, 'D' WING CO. OP. HOUSING SOCIETY LTD., LOCATED AT PLOT NO. 1 AND 2, SECTOR-18, SANPADA, NAVI MUMBAI 3. ASWIN PRABUDAS VORA RESIDING AT BHUMIRAJ COSTARICA, PLOT NO. 1 AND 2, SECTOR-18, SANPADA, NAVI MUMBAI 4. ASWIN PRABUDAS VORA RESIDING AT BHUMIRAJ COSTARICA, PLOT NO. 1 AND 2, SECTOR-18, SANPADA, NAVI MUMBAI 5. M/S. VISHESH HOMES PVT LTD., HAVING ITS OFFICE AT D-12, HIRA MANEK, BAPISTA ROAD, VILLE PARLE (WEST) MUMBAI-400056 6. RAJESH R.C. ARCHITECT HAVING ITS OFFICE AT 1-14, MAHAVIR CENTRE, SECTOR-17, VASHI, NAVI MUMBAI-400705 ...........Respondent(s) FIRST APPEAL NO. 65 OF 2017 (Against the Order dated 28/11/2016 in Complaint No. 134/2015 of the State Commission Maharastra) WITH IA/2462/2017 1. M/S. BHUMIRAJ CONSTRUCTIONS & ANR. REGD. PARTNERSHIP FIRM, HAVING ITS OFFICE AT C-2 BIG SPLASH, SECTOR-17, VASHI, NAVI MUMBAI 2. MR. BHUPENDRA MURJI SHAH RESIDING AT FLAT NO. 2801, BHUMIRAJ HERMITAGE, PLOT NO. 1 AND 2, SECTOR-18, SANPADA, NAVI MUMBAI ...........Appellant(s) Versus 1. JASBVEER SINGH VIG & 4 ORS. RESDING AT FLAT NO. D 702/703, 7TH FLOOR, 'D' WING CO-OP. HSG. SOC. LTD., LOCATED AT PLOT NO. 1 AND 2, SECTOR-18, SANPADA, NAVI MUMBAI 2. JASPREET SINGH JASBVEER SINGH RESIDING AT FLAT NO. D 702/703, 7TH FLOOR, D WING CO-OP. HSG SOC. LTD., LOCATED AT PLOT NO. 1 AND 2, SECTOR-18, SANPADA NAVI MUMBAI 3. ASWIN PRABUDAS VORA RESIDING AT BHUMIRAJ COSTARICA, PLOT NO. 1 AND 2, SECTOR-18, SANPADA, NAVI MUMBAI 4. M/S. VISHESH HOMES PVT LTD., HAVING ITS OFFICE AT D-12, HIRA MANEK, BAPISTA ROAD, VILLE PARLE (WEST) MUMBAI-400056 5. RAJESH R.C. ARCHITECT HAVING ITS OFFICE AT 1-14, MAHAVIR CENTRE, SECTOR-17, VASHI, NAVI MUMBAI-400705 ...........Respondent(s) FIRST APPEAL NO. 66 OF 2017 (Against the Order dated 28/11/2016 in Complaint No. 135/2015 of the State Commission Maharastra) WITH IA/2462/2017 1. M/S. BHUMIRAJ CONSTRUCTIONS & ANR. REGD. PARTNERSHIP FIRM, HAVING ITS OFFICE AT C-2 BIG SPLASH, SECTOR-17, VASHI, NAVI MUMBAI ...........Appellant(s) Versus 1. VIDYADHAR MUKUND KETKAR & 4 ORS. RESIDING AT FLAT NO. C 902, 9TH FLOOR,'C' WING CO-OP. HOUSING SOCIETY LTD., LOCATED AT PLOT NO. 1 AND 2, SECTOR-18, SANPADA, NAVI MUMBAI- 2. PRASHANT T. THAKUR RESIDING AT FLAT NO. B/3, GURUKRIPA CO-OPERATIVE HOUSING SOCIETY, NEAR RUPALI CINEMA, PANVEL 3. ASWIN PRABUDAS VORA RESIDING AT BHUMIRAJ COSTARICA, PLOT NO. 1 AND 2, SECTOR-18, SANPADA, NAVI MUMBAI 4. M/S. VISHESH HOMES PVT LTD., M/S. VISHESH HOMES PVT LTD., HAVING ITS OFFICE AT D-12, HIRA MANEK, BAPISTA ROAD, VILLE PARLE (WEST) MUMBAI-400056 5. RAJESH R.C. ARCHITECT HAVING ITS OFFICE AT 1-14, MAHAVIR CENTRE, SECTOR-17, VASHI, NAVI MUMBAI-400705 ...........Respondent(s) BEFORE: HON'BLE MR. JUSTICE D.K. JAIN,PRESIDENT HON'BLE MRS. M. SHREESHA,MEMBER For the Appellant : Mr. Sukumar Pattjoshi, Sr. Advocate with Mr. Pranaya Goyal, Advocate Mr. Chiranjivi Sharma, Advocate For the Respondent : For the Respondent /Complainant(s) : Mr. Suman Jain, Advocate Mr. Akshat Goel, Advocate For other Respondent(s) : NEMO Dated : 23 May 2017 ORDER Although as per the Office Report, service of notice sent by post, on some of the Respondents in Appeal Nos. 53 of 2017, 54 of 2017, 56 of 2017, 57 of 2017, 61 to 63 of 2017 and 66 of 2017 is not complete but as per the Affidavit of Service by 'Dasti' process filed by the Appellants, all the Respondents/Complainants have been served. The Complainants in all the Appeals are represented through their Counsel, Mr. Suman Jain and Mr. Akshat Goel, Advocates. They state that Vakalatnamas in their favour shall be filed within two days. Let them do so.
At the outset, Mr. Suman Jain submits that in order to avoid further delay in the disposal of the Complaints, which were filed as far back as in the year 2014, the Complainants shall not have any objection if the Appellants are permitted to file their Written Version within a reasonable time and are permitted to raise objection relating to period of limitation in respect of each of the claims made in the Complaints, save and except the claim pertaining to the execution of the Conveyance Deed in respect of the land and property in favour of the society, as claimed in prayer "AA".
The offer made by the Learned Counsel is acceptable to the Learned Sr. Counsel appearing on behalf of the Appellants.
In view of the above, we dispose of all the Appeals, with a direction that if the Appellants file their respective Written Versions in the Complaints, if so advised, on or before 30.6.2017, the same shall be taken into consideration. It will be open to the Complainants to file Rejoinder to the said Written Versions within 30 days thereof. The parties shall file their evidence by way of affidavits within the time as may be granted by the State Commission.
Since the Complaints were filed in the years 2014-2015, we request the State Commission to take final decisions thereon as expeditiously as practicable. Needless to add that except for the relief claimed in prayer 'AA', we have not expressed any opinion on the question of limitation in respect of all other claims in the Complaints.
The Parties / their Counsel shall appear before the State Commission on the date already fixed, for further proceedings in accordance with law.
All the Appeals and pending Applications stand disposed of in the above terms, with no order as to costs.
......................J D.K. JAIN PRESIDENT ...................... M. SHREESHA MEMBER