State Consumer Disputes Redressal Commission
M/S Amar Developers vs Amrapali Co-Op Housing Society Ltd on 3 November, 2017
STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
MAHARASHTRA, MUMBAI
Appeal No.A/15/1163
1.M/s.Amar Developers
R.no.2, Laxmi Niwas
Jawahar Nagar
S.V.Road, Goregaon (West)
Mumbai 400 062.
2.Mr.Virendra Shah
193/12, Bhagwati Niwas
Jawahar Nagar
S.V.Road, Goregaon (West)
Mumbai 400 062. .....Appellants
Versus
Amrapali Co-op. Housing Society Ltd.
Turel Pakadi Road, Malad (West) .........Respondent
Mumbai 400 064
BEFORE: JusticeA.P.Bhangale, President
A.K.Zade, Member
ORDER
Per Hon'ble JusticeA.P.Bhangale, President
Heard Ms.Shweta Merchant-Advocate with authority letter for appellants and Mr.Nachiket Kulkarni-Advocate for respondent.
This appeal by M/s.Amar Developers as appellants against Amrapali Co-operative Housing Society Ltd. (original complainant in consumer complaint no.299/05) which was allowed by Learned District Forum, Mumbai Suburban, by its impugned judgment and award dated 01/06/2015. The appellants (original opponents) were held blameworthy for deficiency in service to the complainant and were directed to convey right, title and interest in respect of the land and the building in favour of the Co-operative Housing Society as also to make payment in respect of additional taxes and interest @ 18% p.a. from the date of complaint payable to the complainant society in accordance with the final order.
1Learned advocate for the appellant questioned as to how the impugned order is executable as against M/s.Amar Developers on the ground that said partnership firm stood dissolved on 31/03/1998. According to her Mr.Virendra Shah is legal representative of Smt.Ranjan Virendra Shah and, therefore, he is not obliged to comply with the directions merely on that count. Therefore, she submitted that impugned order be set aside and appeal be allowed.
On the other hand, learned advocate for the complainant society (respondent) contended that impugned judgment and award dealt with the statutory obligations required to be performed by the opponents, who as builder/ promoter/developer were under statutory obligation as understood in Maharashtra Ownership Flats Act, 1963 so as to take steps for formation of Registered Co-operative Housing Society and to convey right, title and interest in respect of the land and the building constructed so as to convey the same to the Co-operative Housing Society concerned. In our view, any promoter/developer/ builder/ owner of the land concerned having entered into agreements with various flat purchasers for to sell the flats to the respective flat purchasers cannot avoid performance of statutory obligation and ought to take the steps required in accordance with the law. To complete the title of the Co-operative Housing Society concerned, who can take upon administration of the entire building and the property in the larger interest of flat purchasers residing in the building and in accordance with the law so as to collect the maintenance from different flat purchasers and continue to manage the Co-operative Housing Society. Looking into these statutory provisions included in the Maharashtra Ownership Flats Act, we do not find anything unreasonable or illegal in the impugned judgment and award and learned Executing Forum will deal with executability of the judgment and award passed by it as against the legal representatives of the partners of M/s.Amar Developers notwithstanding the fact that Firm may have been dissolved. The legal representatives who claim the interest in any 2 property left by deceased partners are surely answerable for the obligations which are incomplete. With these observations, we dismiss the appeal with costs quantified in the sum of Rs.20,000/- payable by the appellants to the complainant.
Pronounced on 3rd November, 2017.
[JUSTICE A.P.BHANGALE] PRESIDENT [A.K.ZADE] MEMBER Ms 3