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State Consumer Disputes Redressal Commission

Kalina Sangam Co-Operative Housing ... vs Jay Bhagwati Developers And Builders on 3 April, 2019

CC/16/1181




    BEFORE THE HON'BLE STATE CONSUMER DISPUTES REDRESSAL
             COMMISSION, MAHARASHTRA, MUMBAI

                         Complaint Case No. CC/16/1181

Kalina Sangam Co-op. Hsg.Soc. Ltd.
Kole Kalyan, Kalina Santacruz (E),
Mumbai - 400 098.                                 ...........Complainant(s)

                      Versus
1. Jay Bhagwati Developers & Builders
Through Partners
1(a) Ridhima Parab
(through since deceased Sharad Parab)
Having office address at 301, Global,
Dosti Acre, Antop Hill, Wadala,
Mumbai - 400 031.
1(b) Ratansing Gumansing Bartawal
7/A, mamata, Appasaheb Marathe marg,
Prabhadevi, Mumbai - 400 025.
2. Slum Rehabilitation Authority
Anant Kanekar Marg, Bandra (E),
Mumbai - 400 052.                                 ............Opponent (s)

BEFORE:
             P. B. Joshi PRESIDING JUDICIAL MEMBER

A. K. Zade MEMBER For the None present for complainant. Complainant:

For the Ms.Supriya Patil, Advocate h/f.

Opponent: Mr.Uday B. Wavikar, Advocate for opponent No.1(a).

Mr.Sameer Bhandari, Advocate for opponent No.1(b).

None present for opponent No.2.

ORAL ORDER Per Shri P.B. Joshi, Hon'ble Presiding Judicial Member None present for complainant. Ms.Supriya Patil, Advocate h/f. Mr.Uday B. Wavikar, Advocate present for opponent No.1(a). Mr.Sameer Bhandari, Advocate present for opponent No.1(b). None present for opponent No.2. Heard. Perused the record.

CC/16/1181 From prayer clauses, it is clear that the complainant sought compensation of Rs.20 Lakhs for water charges and Rs.10 Lakhs towards repair charges and also asked for construction of compound wall. It was submitted that there were 93 flats in the Society. Complaint is filed by the Co-op. Housing Society. As per said prayers, value of all the flats is to be considered for pecuniary jurisdiction. When there were 93 flats, value of 93 flats is certainly more than Rs.1 Crore. Hence, this Commission has no pecuniary jurisdiction. Hence, we pass the following order :-

-: ORDER :-

1. Consumer complaint is not admitted and returned to the complainant for presentation before appropriate Forum.

2. In the circumstances of case, parties to bear their own costs.

3. Copies of the order be furnished to the parties.

Pronounced Dated 3rd April 2019.

[ P. B. Joshi ] PRESIDING JUDICIAL MEMBER [ A. K. Zade ] MEMBER dd.