State Consumer Disputes Redressal Commission
Shabnam Arif Khan & Ors. vs Arsh Constructions on 9 February, 2010
CONSUMER DISPUTES REDRESSAL COMMISSION CONSUMER DISPUTES REDRESSAL COMMISSION MAHARASHTRA STATE, MUMBAI Execution Application No. 13/2009 Date of Filing: 04/07/2009 In Consumer Complaint No.12/2007 Date of Order: 09/02/2010 Shabnam Arif Khan Applicant Veena Beena Apartments, H-wing, (Org.Complainant) Flat No.704, A.D.Marg, Sewri (W), Mumbai- 400 031. V/S 1. Arsh Constructions, Respondents 1 Albion Place, Hotel Heritgae (Org.Opp.Parties) Compound, Sant Savta Marg, Byculla (E), Mumbai. 2 Esmail Hashma Merchant R/at- 7, Gulistan building, 17, FAarroq Umerbhai Marg, 3rd floor, Agripada Mumbai. 3. Anwar Esmail Merchant, R/at-7, Gulistan Building, 17, FAarroq Umerbhai Marg, 3rd floor, Agripada Mumbai. 4. Salim Esmail Merchant R/at- 7, Gulistan Building, 17, FAarroq Umerbhai Marg, 3rd floor, Agripada Mumbai. 5. Rahimbhai Esmial Merchant, 7, Gulistan Building, 17, FAarroq Umerbhai Marg, 3rd floor, Agripada Mumbai. 6. Shamin Anwar Merchant 7, Gulistan Building, 17, FAarroq Umerbhai Marg, 3rd floor, Agripada Mumbai. Quorum : Justice Mr.S.B.Mhase, Hon'ble President Mr.S.R.Khanzode,Honble Judicial Member.
Mr.D.Khamatkar, Honble Member.
Present:
Adv.Mr.R.K.Yadav for applicants.
Adv.Mr. A.L. Mookhtiar for respondents.
:- ORAL ORDER :-
Per Shri S.B.Mhase, Honble President :
Heard. Similar type of consent terms with variations of the amounts has been submitted in consumer complaint no.12/2007 which has been subject matter of present E.A.No.13/2009. However, the point involved in respect of executability of the said consent terms is one and the same as is considered in the E.A.no.12/2009 and therefore, the E.A.No.13/2009 is also disposed of in terms of the order passed in E.A.No.12/2009.
For the reasons separately stated while disposing the E.A.No. 12/2009, this execution application no.13/2009 is disposed of.
ORDER-:
1.
E.A.No.13/2009 stands rejected.
2. Copy of order passed in E.A.No.12/2009 shall form part and parcel of this order.
3. Dictated on dais in presence of parties.
4. Copies of the order herein be furnished to the parties as per rules.
(D.Khamatkar) (S.R.Khanzode) (S.B.Mhase) Member Judicial Member President Nbh CONSUMER DISPUTES REDRESSAL COMMISSION MAHARASHTRA STATE, MUMBAI Execution Application No. 14/2009 Date of Filing:
04/07/2009 In Consumer Complaint No.13/2007 Date of Order:
09/02/2010 Zarina Zikar Virani, Applicant Naperol Towerss, A-wing, Flat No.81, (Org.Complainant) R.A.Kidwi Marg, Wadala (W), Mumbai- 400 031.
V/S
1. Arsh Constructions, Respondents 1 Albion Place, Hotel Heritgae (Org.Opp.Parties) Compound, Sant Savta Marg, Byculla (E), Mumbai.
2 Esmail Hashma Merchant R/at- 7, Gulistan building, 17, FAarroq Umerbhai Marg, 3rd floor, Agripada Mumbai.
3. Anwar Esmail Merchant, R/at-7, Gulistan Building, 17, FAarroq Umerbhai Marg, 3rd floor, Agripada Mumbai.
4. Salim Esmail Merchant R/at- 7, Gulistan Building, 17, FAarroq Umerbhai Marg, 3rd floor, Agripada Mumbai.
5. Rahimbhai Esmial Merchant, 7, Gulistan Building, 17, FAarroq Umerbhai Marg, 3rd floor, Agripada Mumbai.
6. Shamin Anwar Merchant 7, Gulistan Building, 17, FAarroq Umerbhai Marg, 3rd floor, Agripada Mumbai.
Quorum : Justice Mr.S.B.Mhase, Hon'ble President Mr.S.R.Khanzode,Honble Judicial Member.
Mr.D.Khamatkar, Honble Member.
Present:
Adv.Mr.R.K.Yadav for applicants.
Adv.Mr. A.L. Mookhtiar for respondents.
:- ORAL ORDER :-
Per Shri S.B.Mhase, Honble President :
Heard. Similar type of consent terms with variations of the amounts has been submitted in consumer complaint no.13/2007 which has been subject matter of present E.A.No.14/2009. However, the point involved in respect of executability of the said consent terms is one and the same as is considered in the E.A.no.12/2009 and therefore, the E.A.No.14/2009 is also disposed of in terms of the order passed in E.A.No.12/2009.
For the reasons separately stated while disposing the E.A.No. 12/2009, this execution application no.13/2009 is disposed of.
ORDER-:
1.
E.A.No.14/2009 stands rejected.
2. Copy of order passed in E.A.No.12/2009 shall form part and parcel of this order.
3. Dictated on dais in presence of parties.
4. Copies of the order herein be furnished to the parties as per rules.
(D.Khamatkar) (S.R.Khanzode) (S.B.Mhase) Member Judicial Member President Nbh CONSUMER DISPUTES REDRESSAL COMMISSION MAHARASHTRA STATE, MUMBAI Execution Application No. 15/2009 Date of Filing:
04/07/2009 In Consumer Complaint No.14/2007 Date of Order:
09/02/2010 Iqbal Haji Mohammed Virani, Applicant Naperol Towers, A-wing, Flat No.221, (Org.Complainant) R.A.Kidwi Marg, Wadala (W), Mumbai- 400 031.
V/S
1. Arsh Constructions, Respondents 1 Albion Place, Hotel Heritgae (Org.Opp.Parties) Compound, Sant Savta Marg, Byculla (E), Mumbai.
2 Esmail Hashma Merchant R/at- 7, Gulistan building, 17, FAarroq Umerbhai Marg, 3rd floor, Agripada Mumbai.
3. Anwar Esmail Merchant, R/at-7, Gulistan Building, 17, FAarroq Umerbhai Marg, 3rd floor, Agripada Mumbai.
4. Salim Esmail Merchant R/at- 7, Gulistan Building, 17, FAarroq Umerbhai Marg, 3rd floor, Agripada Mumbai.
5. Rahimbhai Esmial Merchant, 7, Gulistan Building, 17, FAarroq Umerbhai Marg, 3rd floor, Agripada Mumbai.
6. Shamin Anwar Merchant 7, Gulistan Building, 17, FAarroq Umerbhai Marg, 3rd floor, Agripada Mumbai.
Quorum : Justice Mr.S.B.Mhase, Hon'ble President Mr.S.R.Khanzode,Honble Judicial Member.
Mr.D.Khamatkar, Honble Member.
Present:
Adv.Mr.R.K.Yadav for applicants.
Adv.Mr. A.L. Mookhtiar for respondents.
:- ORAL ORDER :-
Per Shri S.B.Mhase, Honble President :
Heard. Similar type of consent terms with variations of the amounts has been submitted in consumer complaint no.14/2007 which has been subject matter of present E.A.No.15/2009. However, the point involved in respect of executability of the said consent terms is one and the same as is considered in the E.A.no.12/2009 and therefore, the E.A.No.15/2009 is also disposed of in terms of the order passed in E.A.No.12/2009.
For the reasons separately stated while disposing the E.A.No. 12/2009, this execution application no.15/2009 is disposed of.
ORDER-:
1.
E.A.No.15/2009 stands rejected.
2. Copy of order passed in E.A.No.12/2009 shall form part and parcel of this order.
3. Dictated on dais in presence of parties.
4. Copies of the order herein be furnished to the parties as per rules.
(D.Khamatkar) (S.R.Khanzode) (S.B.Mhase) Member Judicial Member President Nbh CONSUMER DISPUTES REDRESSAL COMMISSION MAHARASHTRA STATE, MUMBAI Execution Application No. 16/2009 Date of Filing:
04/07/2009 In Consumer Complaint No.15/2007 Date of Order:
09/02/2010 Almas Mohammed Shafi Khan Applicant R/at-H-704, Veena Beena Co-Op. (Org.Complainant) Hsg.Soc.Ltd., A.D.Marg, Sewree, MumbaI- 400 015.
V/S
1. Arsh Constructions, Respondents 1 Albion Place, Hotel Heritgae (Org.Opp.Parties) Compound, Sant Savta Marg, Byculla (E), Mumbai.
2 Esmail Hashma Merchant R/at- 7, Gulistan building, 17, FAarroq Umerbhai Marg, 3rd floor, Agripada Mumbai.
3. Anwar Esmail Merchant, R/at-7, Gulistan Building, 17, FAarroq Umerbhai Marg, 3rd floor, Agripada Mumbai.
4. Salim Esmail Merchant R/at- 7, Gulistan Building, 17, FAarroq Umerbhai Marg, 3rd floor, Agripada Mumbai.
5. Rahimbhai Esmial Merchant, 7, Gulistan Building, 17, FAarroq Umerbhai Marg, 3rd floor, Agripada Mumbai.
6. Shamin Anwar Merchant 7, Gulistan Building, 17, FAarroq Umerbhai Marg, 3rd floor, Agripada Mumbai.
Quorum : Justice Mr.S.B.Mhase, Hon'ble President Mr.S.R.Khanzode,Honble Judicial Member.
Mr.D.Khamatkar, Honble Member.
Present:
Adv.Mr.R.K.Yadav for applicants.
Adv.Mr. A.L. Mookhtiar for respondents.
:- ORAL ORDER :-
Per Shri S.B.Mhase, Honble President :
Heard. Similar type of consent terms with variations of the amounts has been submitted in consumer complaint no.15/2007 which has been subject matter of present E.A.No.16/2009. However, the point involved in respect of executability of the said consent terms is one and the same as is considered in the E.A.no.12/2009 and therefore, the E.A.No.16/2009 is also disposed of in terms of the order passed in E.A.No.12/2009.
For the reasons separately stated while disposing the E.A.No. 12/2009, this execution application no.16/2009 is disposed of.
ORDER-:
1.
E.A.No.16/2009 stands rejected.
2. Copy of order passed in E.A.No.12/2009 shall form part and parcel of this order.
3. Dictated on dais in presence of parties.
4. Copies of the order herein be furnished to the parties as per rules.
(D.Khamatkar) (S.R.Khanzode) (S.B.Mhase) Member Judicial Member President Nbh CONSUMER DISPUTES REDRESSAL COMMISSION MAHARASHTRA STATE, MUMBAI Execution Application No. 17/2009 Date of Filing:
04/07/2009 In Consumer Complaint No.16/2007 Date of Order:
09/02/2010 Sabera Ebrahim Ashrafi Applicant Dimple Apartments C.H.S.Ltd. (Org.Complainant) 5th floor, Room No.E-3, Jerbai Wadia Road, Parel, Mumbai.
V/S
1. Arsh Constructions, Respondents 1 Albion Place, Hotel Heritgae (Org.Opp.Parties) Compound, Sant Savta Marg, Byculla (E), Mumbai.
2 Esmail Hashma Merchant R/at- 7, Gulistan building, 17, FAarroq Umerbhai Marg, 3rd floor, Agripada Mumbai.
3. Anwar Esmail Merchant, R/at-7, Gulistan Building, 17, FAarroq Umerbhai Marg, 3rd floor, Agripada Mumbai.
4. Salim Esmail Merchant R/at- 7, Gulistan Building, 17, FAarroq Umerbhai Marg, 3rd floor, Agripada Mumbai.
5. Rahimbhai Esmial Merchant, 7, Gulistan Building, 17, FAarroq Umerbhai Marg, 3rd floor, Agripada Mumbai.
6. Shamin Anwar Merchant 7, Gulistan Building, 17, FAarroq Umerbhai Marg, 3rd floor, Agripada Mumbai.
Quorum : Justice Mr.S.B.Mhase, Hon'ble President Mr.S.R.Khanzode,Honble Judicial Member.
Mr.D.Khamatkar, Honble Member.
Present:
Adv.Mr.R.K.Yadav for applicants.
Adv.Mr. A.L. Mookhtiar for respondents.
:- ORAL ORDER :-
Per Shri S.B.Mhase, Honble President :
Heard. Similar type of consent terms with variations of the amounts has been submitted in consumer complaint no.16/2007 which has been subject matter of present E.A.No.16/2009. However, the point involved in respect of executability of the said consent terms is one and the same as is considered in the E.A.no.12/2009 and therefore, the E.A.No.17/2009 is also disposed of in terms of the order passed in E.A.No.12/2009.
For the reasons separately stated while disposing the E.A.No. 12/2009, this execution application no.17/2009 is disposed of.
ORDER-:
1.
E.A.No.17/2009 stands rejected.
2. Copy of order passed in E.A.No.12/2009 shall form part and parcel of this order.
3. Dictated on dais in presence of parties.
4. Copies of the order herein be furnished to the parties as per rules.
(D.Khamatkar) (S.R.Khanzode) (S.B.Mhase) Member Judicial Member President Nbh CONSUMER DISPUTES REDRESSAL COMMISSION MAHARASHTRA STATE, MUMBAI Execution Application No. 18/2009 Date of Filing:
04/07/2009 In Consumer Complaint No.17/2007 Date of Order:
09/02/2010 Faisal Mohammed Shafi Khan Applicant R/at-H-704, Veena Beena Co-Op. (Org.Complainant) Hsg.Soc.Ltd., A.D.Marg, Sewree, MumbaI- 400 015.
V/S
1. Arsh Constructions, Respondents 1 Albion Place, Hotel Heritgae (Org.Opp.Parties) Compound, Sant Savta Marg, Byculla (E), Mumbai.
2 Esmail Hashma Merchant R/at- 7, Gulistan building, 17, FAarroq Umerbhai Marg, 3rd floor, Agripada Mumbai.
3. Anwar Esmail Merchant, R/at-7, Gulistan Building, 17, FAarroq Umerbhai Marg, 3rd floor, Agripada Mumbai.
4. Salim Esmail Merchant R/at- 7, Gulistan Building, 17, FAarroq Umerbhai Marg, 3rd floor, Agripada Mumbai.
5. Rahimbhai Esmial Merchant, 7, Gulistan Building, 17, FAarroq Umerbhai Marg, 3rd floor, Agripada Mumbai.
6. Shamin Anwar Merchant 7, Gulistan Building, 17, FAarroq Umerbhai Marg, 3rd floor, Agripada Mumbai.
Quorum : Justice Mr.S.B.Mhase, Hon'ble President Mr.S.R.Khanzode,Honble Judicial Member.
Mr.D.Khamatkar, Honble Member.
Present:
Adv.Mr.R.K.Yadav for applicants.
Adv.Mr. A.L. Mookhtiar for respondents.
:- ORAL ORDER :-
Per Shri S.B.Mhase, Honble President :
Heard. Similar type of consent terms with variations of the amounts has been submitted in consumer complaint no.17/2007 which has been subject matter of present E.A.No.18/2009. However, the point involved in respect of executability of the said consent terms is one and the same as is considered in the E.A.no.12/2009 and therefore, the E.A.No.18/2009 is also disposed of in terms of the order passed in E.A.No.12/2009.
For the reasons separately stated while disposing the E.A.No. 12/2009, this execution application no.18/2009 is disposed of.
ORDER-:
1.
E.A.No.18/2009 stands rejected.
2. Copy of order passed in E.A.No.12/2009 shall form part and parcel of this order.
3. Dictated on dais in presence of parties.
4. Copies of the order herein be furnished to the parties as per rules.
(D.Khamatkar) (S.R.Khanzode) (S.B.Mhase) Member Judicial Member President Nbh CONSUMER DISPUTES REDRESSAL COMMISSION MAHARASHTRA STATE, MUMBAI Execution Application No. 19/2009 Date of Filing:
04/07/2009 In Consumer Complaint No.18/2007 Date of Order:
09/02/2010 Zulekha Abdul Sattar Applicant Abdul Sattar Bhawra (Org.Complainant) Dimple Apartment C.H.S.Ltd., 5th floor, room no.E-6, Jerbai Wadia Road, Parel, Mumbai.
V/S
1. Arsh Constructions, Respondents 1 Albion Place, Hotel Heritgae (Org.Opp.Parties) Compound, Sant Savta Marg, Byculla (E), Mumbai.
2 Esmail Hashma Merchant R/at- 7, Gulistan building, 17, FAarroq Umerbhai Marg, 3rd floor, Agripada Mumbai.
3. Anwar Esmail Merchant, R/at-7, Gulistan Building, 17, FAarroq Umerbhai Marg, 3rd floor, Agripada Mumbai.
4. Salim Esmail Merchant R/at- 7, Gulistan Building, 17, FAarroq Umerbhai Marg, 3rd floor, Agripada Mumbai.
5. Rahimbhai Esmial Merchant, 7, Gulistan Building, 17, FAarroq Umerbhai Marg, 3rd floor, Agripada Mumbai.
6. Shamin Anwar Merchant 7, Gulistan Building, 17, FAarroq Umerbhai Marg, 3rd floor, Agripada Mumbai.
Quorum : Justice Mr.S.B.Mhase, Hon'ble President Mr.S.R.Khanzode,Honble Judicial Member.
Mr.D.Khamatkar, Honble Member.
Present:
Adv.Mr.R.K.Yadav for applicants.
Adv.Mr. A.L. Mookhtiar for respondents.
:- ORAL ORDER :-
Per Shri S.B.Mhase, Honble President :
Heard. Similar type of consent terms with variations of the amounts has been submitted in consumer complaint no.18/2007 which has been subject matter of present E.A.No.19/2009. However, the point involved in respect of executability of the said consent terms is one and the same as is considered in the E.A.no.12/2009 and therefore, the E.A.No.19/2009 is also disposed of in terms of the order passed in E.A.No.12/2009.
For the reasons separately stated while disposing the E.A.No. 12/2009, this execution application no.19/2009 is disposed of.
ORDER-:
1.
E.A.No.19/2009 stands rejected.
2. Copy of order passed in E.A.No.12/2009 shall form part and parcel of this order.
3. Dictated on dais in presence of parties.
4. Copies of the order herein be furnished to the parties as per rules.
(D.Khamatkar) (S.R.Khanzode) (S.B.Mhase) Member Judicial Member President Nbh CONSUMER DISPUTES REDRESSAL COMMISSION MAHARASHTRA STATE, MUMBAI Execution Application No. 20/2009 Date of Filing:
04/07/2009 In Consumer Complaint No.19/2007 Date of Order:
09/02/2010 Riyaz Zikar Virani, Applicant Naperol Towers, A-Wing, Flat No.81, (Org.Complainant) R.A.Kidwai Marg, Wadala (W), Mumbai- 400 031.
V/S
1. Arsh Constructions, Respondents 1 Albion Place, Hotel Heritgae (Org.Opp.Parties) Compound, Sant Savta Marg, Byculla (E), Mumbai.
2 Esmail Hashma Merchant R/at- 7, Gulistan building, 17, FAarroq Umerbhai Marg, 3rd floor, Agripada Mumbai.
3. Anwar Esmail Merchant, R/at-7, Gulistan Building, 17, FAarroq Umerbhai Marg, 3rd floor, Agripada Mumbai.
4. Salim Esmail Merchant R/at- 7, Gulistan Building, 17, FAarroq Umerbhai Marg, 3rd floor, Agripada Mumbai.
5. Rahimbhai Esmial Merchant, 7, Gulistan Building, 17, FAarroq Umerbhai Marg, 3rd floor, Agripada Mumbai.
6. Shamin Anwar Merchant 7, Gulistan Building, 17, FAarroq Umerbhai Marg, 3rd floor, Agripada Mumbai.
Quorum : Justice Mr.S.B.Mhase, Hon'ble President Mr.S.R.Khanzode,Honble Judicial Member.
Mr.D.Khamatkar, Honble Member.
Present:
Adv.Mr.R.K.Yadav for applicants.
Adv.Mr. A.L. Mookhtiar for respondents.
:- ORAL ORDER :-
Per Shri S.B.Mhase, Honble President :
Heard. Similar type of consent terms with variations of the amounts has been submitted in consumer complaint no.19/2007 which has been subject matter of present E.A.No.20/2009. However, the point involved in respect of executability of the said consent terms is one and the same as is considered in the E.A.no.12/2009 and therefore, the E.A.No.20/2009 is also disposed of in terms of the order passed in E.A.No.12/2009.
For the reasons separately stated while disposing the E.A.No. 12/2009, this execution application no.20/2009 is disposed of.
ORDER-:
1.
E.A.No.20/2009 stands rejected.
2. Copy of order passed in E.A.No.12/2009 shall form part and parcel of this order.
3. Dictated on dais in presence of parties.
4. Copies of the order herein be furnished to the parties as per rules.
(D.Khamatkar) (S.R.Khanzode) (S.B.Mhase) Member Judicial Member President Nbh