State Consumer Disputes Redressal Commission
Krishna Sitaram Karande vs M/S Shub-Deep Constructions on 30 April, 2013
1 F.A.No.: 17 to 26/2012 &
43/2012, 569 to 591/2011,
101 to 127/2012.
MAHARASHTRA STATE CONSUMER DISPUTE REDRESSAL
COMMISSION,MUMBAI, CIRCUIT BENCH AT AURANGABAD.
Date of filing :24.01.2012
Date of order :30.04.2013
FIRST APPEAL NO. :17/2012 to 26/2012 & 43/2012
IN COMPLAINT CASE NO.: 909,914,896, 897, 900, 902, 905, 913,
903, 911, 915 OF 2009.
DISTRICT CONSUMER FORUM :AURANGABAD.
1) F.A.No. 17/2012 in C.C.No.909/2009
Krishna Sitaram Karande,
R/o Plot No.1, Type-B, Row-House,
No.25, Tisgaon, Behind A.S.Club,
Cidco, Aurangabad.
2) F.A.No. 18/2012 in C.C.No.914/2009
Vikas Jalinder Radkar,
R/o Plot No.1, Type B, Row-house No.,
Tisgaon, Behind A.S.Club Cidco,
Aurangabad.
3) F.A.No. 19/2012 in C.C.No.896/2009
Ramesh Jaganath Kanthali,
R/o Plot No.1, Type-B, Row-house No.25,
Tisgaon, Behind A.S.Club Cidco,
Aurangabad.
4) F.A.No. 20/2012 in C.C.No.897/2009
Vaijanath Bapuappa Vajge,
R/o Plot No.1, Type-B, Row-house No.25,
Tisgaon, Behind A.S.Club Cidco,
Aurangabad.
5) F.A.No. 21/2012 in C.C.No.900/2009
Shantaram Suresh Dhaugchaule,
R/o Plot No.1, Type-B, Row-house No.25,
Tisgaon, Behind A.S.Club Cidco,
Aurangabad.
2 F.A.No.: 17 to 26/2012 &
43/2012, 569 to 591/2011,
101 to 127/2012.
6) F.A.No. 22/2012 in C.C.No.902/2009
Balaji Sambhaji Jadhav,
R/o Plot No.1, Type-B, Row-house No.,
Tisgaon, Behind A.S.Club Cidco,
Aurangabad.
7) F.A.No. 23/2012 in C.C.No.905/2009
Audumbar Bhaskar Shinde,
R/o Plot No.1, Type-B, Row-house No.25,
Tisgaon, Behind A.S.Club Cidco,
Aurangabad.
8) F.A.No. 24/2012 in C.C.No.913/2009
Nilesh Vilasrao Deshmukh
R/o Plot No.1, Type-B, Row-house No.,
Tisgaon, Behind A.S.Club Cidco,
Aurangabad.
9) F.A.No. 25/2012 in C.C.No.903/2009
Raju Sitaram Raut,
R/o Plot No.1, Type-B, Row-house No.25,
Tisgaon, Behind A.S.Club Cidco,
Aurangabad.
10) F.A.No. 26/2012 in C.C.No.911/2009
Sambhaji Manohar Bhosale,
R/o Plot No.1, Type-B, Row-house No.,
Tisgaon, Behind A.S.Club Cidco,
Aurangabad.
11) F.A.No. 43/2012 in C.C.No.915/2009
Shridhar Sakharam Gendale,
R/o Plot No.1, Type-B, Row-house No.,
Tisgaon, Behind A.S.Club Cidco,
Aurangabad.
VERSUS
1.M/s Shub-Deep Constructions, Regd.office at "Sara Pride", Shop No.15, Ranjit-nagar, Kalda Corner, Aurangabad.
3 F.A.No.: 17 to 26/2012 &43/2012, 569 to 591/2011, 101 to 127/2012.
2. Mr.Ganesh Tarachand, Daulanpure, R/o Sara Pride, Ranjeet-nagar, Aurangabad.
3. Mr.Ashish Vinod Agrawal, R/o Mahesh-nagar, Jalna Road, Aurangabad.
4. Mr.Rajkumar Manikchand Agrawal, R/o Aurangabad.
5. Mr.Pramod Jamnalal Kasliwal(Jain), R/o Diwan Deodi, Aurangabad.
6. The Administrator, Waluj Mahanagar, Aurangabad. ...RESPONDENTS.
Date of filing :13.10.2011 Date of order :30.04.2013 FIRST APPEAL NO. :569/2011 to 591/2011 IN COMPLAINT CASE NO.: 906 to 915/2009 & 407, 409, 401 OF 2009 & 896 to 904, 905 OF 2009, DISTRICT CONSUMER FORUM :AURANGABAD.
The City and Industrial Development Corporation Ltd. Waluj Mahanagar Aurangabad, through its Administrator, Shri.Haresh Ramchand Thadani, R/o Aurangabad. ...APPELLANT VERSUS.
1) F.A.No. 569/2011 in C.C.No.906/2009
1. Dattatraya Murlidhar Shinde, R/o Shri.Sidhi Vinayak Vihar, Gut No.99, Plot No.1, Type "C" 4 F.A.No.: 17 to 26/2012 &
43/2012, 569 to 591/2011, 101 to 127/2012.
Row House No.7, Tisgaon, Behind A.S.Club, Cidco, Aurangabad, Tq. & Dist.Aurangabad.
2. M/s Shubh Deep Construction, Regd.Office "Sara Pride", Shop No.15, Ranjeet Nagar, Kalda Corner, Aurangabad, Through its Partner.
3. Mr.Ganesh Tarachand Daulanpure, R/o Sara Pride Ranjeet Nagar, Aurangabad.
4. Mr.Ashish Vinod Agrawal, R/o Mahesh Nagar Jalna Road, Aurangabad.
(For self representative partners).
5. Rajkumar Manikchand Agrawal, R/o Mondha Naka Aurangabad and Mr.Sunil Nandlal Agrawal, R/o Guru Ramdas nagar, Jalna Road, Aurangabad.
6. Pramod Jamnalal Kasliwal(Jain), R/o Diwan Deodi, Aurangabad. ....RESPONDENTS.
2) F.A.No. 570/2011 in C.C.No.907/2009
1. Sanjay Sakharam Khedkar, R/o Shri.Sidhi Vinayak Vihar, Gut No.99, Plot No.1, Type "C" Row House No.22, Tisgaon, Behind A.S.Club, Cidco, Aurangabad, Tq. & Dist.Aurangabad.
2. M/s Shubh Deep Construction, Regd.Office "Sara Pride", Shop No.15, Ranjeet Nagar, Kalda Corner, Aurangabad, Through its Partner.
3. Mr.Ganesh Tarachand Daulanpure, R/o Sara Pride Ranjeet Nagar, Aurangabad.
5 F.A.No.: 17 to 26/2012 &43/2012, 569 to 591/2011, 101 to 127/2012.
4. Mr.Ashish Vinod Agrawal, R/o Mahesh Nagar Jalna Road, Aurangabad.
(For self representative partners).
5. Rajkumar Manikchand Agrawal, R/o Mondha Naka Aurangabad and Mr.Sunil Nandlal Agrawal, R/o Guru Ramdas nagar, Jalna Road, Aurangabad.
6. Pramod Jamnalal Kasliwal(Jain), R/o Diwan Deodi, Aurangabad. ....RESPONDENTS.
3) F.A.No. 571/2011 in C.C.No.908/2009
1. Nagorao Kishanrao Kathure, R/o Shri.Sidhi Vinayak Vihar, Gut No.99, Plot No.1, Type "C" Row House No.24, Tisgaon, Behind A.S.Club, Cidco, Aurangabad, Tq. & Dist.Aurangabad.
2. M/s Shubh Deep Construction, Regd.Office "Sara Pride", Shop No.15, Ranjeet Nagar, Kalda Corner, Aurangabad, Through its Partner.
3. Mr.Ganesh Tarachand Daulanpure, R/o Sara Pride Ranjeet Nagar, Aurangabad.
4. Mr.Ashish Vinod Agrawal, R/o Mahesh Nagar Jalna Road, Aurangabad.
(For self representative partners).
5. Rajkumar Manikchand Agrawal, R/o Mondha Naka Aurangabad and Mr.Sunil Nandlal Agrawal, R/o Guru Ramdas nagar, Jalna Road, Aurangabad.
6. Pramod Jamnalal Kasliwal(Jain), 6 F.A.No.: 17 to 26/2012 & 43/2012, 569 to 591/2011, 101 to 127/2012.
R/o Diwan Deodi, Aurangabad. ....RESPONDENTS.
4) F.A.No. 572/2011 in C.C.No.909/2009
1. Krishna Sitram Karande, R/o Shri.Sidhi Vinayak Vihar, Gut No.99, Plot No.1, Type "C" Row House No.25, Tisgaon, Behind A.S.Club, Cidco, Aurangabad, Tq. & Dist.Aurangabad.
2. M/s Shubh Deep Construction, Regd.Office "Sara Pride", Shop No.15, Ranjeet Nagar, Kalda Corner, Aurangabad, Through its Partner.
3. Mr.Ganesh Tarachand Daulanpure, R/o Sara Pride Ranjeet Nagar, Aurangabad.
4. Mr.Ashish Vinod Agrawal, R/o Mahesh Nagar Jalna Road, Aurangabad.
(For self representative partners).
5. Rajkumar Manikchand Agrawal, R/o Mondha Naka Aurangabad and Mr.Sunil Nandlal Agrawal, R/o Guru Ramdas nagar, Jalna Road, Aurangabad.
6. Pramod Jamnalal Kasliwal(Jain), R/o Diwan Deodi, Aurangabad. ....RESPONDENTS.
5) F.A.No. 573/2011 in C.C.No.910/2009
1. Vilas Sitaram Rathod, R/o Shri.Sidhi Vinayak Vihar, Gut No.99, Plot No.1, Type "C" Row House No.19, Tisgaon, Behind A.S.Club, Cidco, Aurangabad, Tq. & Dist.Aurangabad.
7 F.A.No.: 17 to 26/2012 &43/2012, 569 to 591/2011, 101 to 127/2012.
2. M/s Shubh Deep Construction, Regd.Office "Sara Pride", Shop No.15, Ranjeet Nagar, Kalda Corner, Aurangabad, Through its Partner.
3. Mr.Ganesh Tarachand Daulanpure, R/o Sara Pride Ranjeet Nagar, Aurangabad.
4. Mr.Ashish Vinod Agrawal, R/o Mahesh Nagar Jalna Road, Aurangabad.
(For self representative partners).
5. Rajkumar Manikchand Agrawal, R/o Mondha Naka Aurangabad and Mr.Sunil Nandlal Agrawal, R/o Guru Ramdas nagar, Jalna Road, Aurangabad.
6. Pramod Jamnalal Kasliwal(Jain), R/o Diwan Deodi, Aurangabad. ....RESPONDENTS.
6) F.A.No. 574/2011 in C.C.No.911/2009
1. Sambhaji Manohar Bhosale, R/o Shri.Sidhi Vinayak Vihar, Gut No.99, Plot No.1, Type "C" Row House No.9, Tisgaon, Behind A.S.Club, Cidco, Aurangabad, Tq. & Dist.Aurangabad.
2. M/s Shubh Deep Construction, Regd.Office "Sara Pride", Shop No.15, Ranjeet Nagar, Kalda Corner, Aurangabad, Through its Partner.
3. Mr.Ganesh Tarachand Daulanpure, R/o Sara Pride Ranjeet Nagar, Aurangabad.
4. Mr.Ashish Vinod Agrawal, R/o Mahesh Nagar Jalna Road, Aurangabad.
(For self representative partners).
8 F.A.No.: 17 to 26/2012 &43/2012, 569 to 591/2011, 101 to 127/2012.
5. Rajkumar Manikchand Agrawal, R/o Mondha Naka Aurangabad and Mr.Sunil Nandlal Agrawal, R/o Guru Ramdas nagar, Jalna Road, Aurangabad.
6. Pramod Jamnalal Kasliwal(Jain), R/o Diwan Deodi, Aurangabad. ....RESPONDENTS.
7) F.A.No. 575/2011 in C.C.No.912/2009
1. Purushottam Akrur Ghase, R/o Shri.Sidhi Vinayak Vihar, Gut No.99, Plot No.1, Type "C" Row House No.7, Tisgaon, Behind A.S.Club, Cidco, Aurangabad, Tq. & Dist.Aurangabad.
2. M/s Shubh Deep Construction, Regd.Office "Sara Pride", Shop No.15, Ranjeet Nagar, Kalda Corner, Aurangabad, Through its Partner.
3. Mr.Ganesh Tarachand Daulanpure, R/o Sara Pride Ranjeet Nagar, Aurangabad.
4. Mr.Ashish Vinod Agrawal, R/o Mahesh Nagar Jalna Road, Aurangabad.
(For self representative partners).
5. Rajkumar Manikchand Agrawal, R/o Mondha Naka Aurangabad and Mr.Sunil Nandlal Agrawal, R/o Guru Ramdas nagar, Jalna Road, Aurangabad.
6. Pramod Jamnalal Kasliwal(Jain), R/o Diwan Deodi, Aurangabad. ....RESPONDENTS.
8) F.A.No. 576/2011 in C.C.No.913/2009
1. Nilesh Vilasrao Deshmukh, 9 F.A.No.: 17 to 26/2012 & 43/2012, 569 to 591/2011, 101 to 127/2012.
R/o Shri.Sidhi Vinayak Vihar, Gut No.99, Plot No.1, Type "C" Row House No.17, Tisgaon, Behind A.S.Club, Cidco, Aurangabad, Tq. & Dist.Aurangabad.
2. M/s Shubh Deep Construction, Regd.Office "Sara Pride", Shop No.15, Ranjeet Nagar, Kalda Corner, Aurangabad, Through its Partner.
3. Mr.Ganesh Tarachand Daulanpure, R/o Sara Pride Ranjeet Nagar, Aurangabad.
4. Mr.Ashish Vinod Agrawal, R/o Mahesh Nagar Jalna Road, Aurangabad.
(For self representative partners).
5. Rajkumar Manikchand Agrawal, R/o Mondha Naka Aurangabad and Mr.Sunil Nandlal Agrawal, R/o Guru Ramdas nagar, Jalna Road, Aurangabad.
6. Pramod Jamnalal Kasliwal(Jain), R/o Diwan Deodi, Aurangabad. ....RESPONDENTS.
9) F.A.No. 577/2011 in C.C.No.915/2009
1. Shridhar Sakharam Gendale, R/o Shri.Sidhi Vinayak Vihar, Gut No.99, Plot No.1, Type "C" Row House No.4, Tisgaon, Behind A.S.Club, Cidco, Aurangabad, Tq. & Dist.Aurangabad.
2. M/s Shubh Deep Construction, Regd.Office "Sara Pride", Shop No.15, Ranjeet Nagar, Kalda Corner, Aurangabad, Through its Partner.
3. Mr.Ganesh Tarachand Daulanpure, 10 F.A.No.: 17 to 26/2012 & 43/2012, 569 to 591/2011, 101 to 127/2012.
R/o Sara Pride Ranjeet Nagar, Aurangabad.
4. Mr.Ashish Vinod Agrawal, R/o Mahesh Nagar Jalna Road, Aurangabad.
(For self representative partners).
5. Rajkumar Manikchand Agrawal, R/o Mondha Naka Aurangabad and Mr.Sunil Nandlal Agrawal, R/o Guru Ramdas nagar, Jalna Road, Aurangabad.
6. Pramod Jamnalal Kasliwal(Jain), R/o Diwan Deodi, Aurangabad. ....RESPONDENTS.
10) F.A.No. 578/2011 in C.C.No.914/2009
1. Vikas Jalindar Radkar, R/o Shri.Sidhi Vinayak Vihar, Gut No.99, Plot No.1, Type "C" Row House No.29, Tisgaon, Behind A.S.Club, Cidco, Aurangabad, Tq. & Dist.Aurangabad.
2. M/s Shubh Deep Construction, Regd.Office "Sara Pride", Shop No.15, Ranjeet Nagar, Kalda Corner, Aurangabad, Through its Partner.
3. Mr.Ganesh Tarachand Daulanpure, R/o Sara Pride Ranjeet Nagar, Aurangabad.
4. Mr.Ashish Vinod Agrawal, R/o Mahesh Nagar Jalna Road, Aurangabad.
(For self representative partners).
5. Rajkumar Manikchand Agrawal, R/o Mondha Naka Aurangabad and Mr.Sunil Nandlal Agrawal, R/o Guru Ramdas nagar, Jalna Road, Aurangabad.
11 F.A.No.: 17 to 26/2012 &43/2012, 569 to 591/2011, 101 to 127/2012.
6. Pramod Jamnalal Kasliwal(Jain), R/o Diwan Deodi, Aurangabad. ....RESPONDENTS.
11) F.A.No. 579/2011 in C.C.No.407/2009
1. Santosh Shivdas Shelgaonkar, R/o RX-12, Maharana Pratap Chowk, Bajaj Nagar, M.I.D.C. Waluj, Aurangabad.
2. M/s Shubh Deep Construction, Regd.Office "Sara Pride", Shop No.15, Ranjeet Nagar, Kalda Corner, Aurangabad, Through its Partner.
3. Mr.Ganesh Tarachand Daulanpure, R/o Sara Pride Ranjeet Nagar, Aurangabad.
4. Mr.Ashish Vinod Agrawal, R/o Mahesh Nagar Jalna Road, Aurangabad.
(For self representative partners).
5. Rajkumar Manikchand Agrawal, R/o Mondha Naka Aurangabad and Mr.Sunil Nandlal Agrawal, R/o Guru Ramdas nagar, Jalna Road, Aurangabad.
6. Pramod Jamnalal Kasliwal(Jain), R/o Diwan Deodi, Aurangabad. ....RESPONDENTS.
12) F.A.No. 580/2011 in C.C.No.409/2009
1. Sambhaji Nathrao Latpate, R/o RM-268, Maharana Pratap Chowk, Bajaj Nagar, M.I.D.C. Waluj, Aurangabad, Tq. & Dist.Aurangabad.
2. M/s Shubh Deep Construction, Regd.Office "Sara Pride", Shop No.15, Ranjeet Nagar, Kalda Corner, Aurangabad, Through its Partner.
12 F.A.No.: 17 to 26/2012 &43/2012, 569 to 591/2011, 101 to 127/2012.
3. Mr.Ganesh Tarachand Daulanpure, R/o Sara Pride Ranjeet Nagar, Aurangabad.
4. Mr.Ashish Vinod Agrawal, R/o Mahesh Nagar Jalna Road, Aurangabad.
(For self representative partners).
5. Rajkumar Manikchand Agrawal, R/o Mondha Naka Aurangabad and Mr.Sunil Nandlal Agrawal, R/o Guru Ramdas nagar, Jalna Road, Aurangabad.
6. Pramod Jamnalal Kasliwal(Jain), R/o Diwan Deodi, Aurangabad. ....RESPONDENTS.
13) F.A.No. 581/2011 in C.C.No.401/2009
1. Tulshiram Venkatrao Shingde, R/o RH-09, Maharana Pratap Chowk, Bajaj Nagar, M.I.D.C. Waluj, Aurangabad, Tq. & Dist.Aurangabad.
2. M/s Shubh Deep Construction, Regd.Office "Sara Pride", Shop No.15, Ranjeet Nagar, Kalda Corner, Aurangabad, Through its Partner.
3. Mr.Ganesh Tarachand Daulanpure, R/o Sara Pride Ranjeet Nagar, Aurangabad.
4. Mr.Ashish Vinod Agrawal, R/o Mahesh Nagar Jalna Road, Aurangabad.
(For self representative partners).
5. Rajkumar Manikchand Agrawal, R/o Mondha Naka Aurangabad and Mr.Sunil Nandlal Agrawal, R/o Guru Ramdas nagar, Jalna Road, Aurangabad.
13 F.A.No.: 17 to 26/2012 &43/2012, 569 to 591/2011, 101 to 127/2012.
6. Pramod Jamnalal Kasliwal(Jain), R/o Diwan Deodi, Aurangabad. ....RESPONDENTS.
14) F.A.No. 582/2011 in C.C.No.896/2009
1. Ramesh Jagnath Kanthali, R/o Shri.Sidhi Vinayak Vihar, Gut No.99, Plot No.1, Type "C" Row House No.15, Tisgaon, Behind A.S.Club, Cidco, Aurangabad, Tq. & Dist.Aurangabad.
2. M/s Shubh Deep Construction, Regd.Office "Sara Pride", Shop No.15, Ranjeet Nagar, Kalda Corner, Aurangabad, Through its Partner.
3. Mr.Ganesh Tarachand Daulanpure, R/o Sara Pride Ranjeet Nagar, Aurangabad.
4. Mr.Ashish Vinod Agrawal, R/o Mahesh Nagar Jalna Road, Aurangabad.
(For self representative partners).
5. Rajkumar Manikchand Agrawal, R/o Mondha Naka Aurangabad and Mr.Sunil Nandlal Agrawal, R/o Guru Ramdas nagar, Jalna Road, Aurangabad.
6. Pramod Jamnalal Kasliwal(Jain), R/o Diwan Deodi, Aurangabad. ....RESPONDENTS.
15) F.A.No. 583/2011 in C.C.No.897/2009
1. Vaijnath Bapuappa Vajge, R/o Shri.Sidhi Vinayak Vihar, Gut No.99, Plot No.1, Type "C" Row House No.2, Tisgaon, Behind A.S.Club, Cidco, Aurangabad, Tq. & Dist.Aurangabad.
2. M/s Shubh Deep Construction, 14 F.A.No.: 17 to 26/2012 & 43/2012, 569 to 591/2011, 101 to 127/2012.
Regd.Office "Sara Pride", Shop No.15, Ranjeet Nagar, Kalda Corner, Aurangabad, Through its Partner.
3. Mr.Ganesh Tarachand Daulanpure, R/o Sara Pride Ranjeet Nagar, Aurangabad.
4. Mr.Ashish Vinod Agrawal, R/o Mahesh Nagar Jalna Road, Aurangabad.
(For self representative partners).
5. Rajkumar Manikchand Agrawal, R/o Mondha Naka Aurangabad and Mr.Sunil Nandlal Agrawal, R/o Guru Ramdas nagar, Jalna Road, Aurangabad.
6. Pramod Jamnalal Kasliwal(Jain), R/o Diwan Deodi, Aurangabad. ....RESPONDENTS.
16) F.A.No. 584/2011 in C.C.No.898/2009
1. Sanjay Taterao Ghuge, R/o Shri.Sidhi Vinayak Vihar, Gut No.99, Plot No.1, Type "C" Row House No.1, Tisgaon, Behind A.S.Club, Cidco, Aurangabad, Tq. & Dist.Aurangabad.
2. M/s Shubh Deep Construction, Regd.Office "Sara Pride", Shop No.15, Ranjeet Nagar, Kalda Corner, Aurangabad, Through its Partner.
3. Mr.Ganesh Tarachand Daulanpure, R/o Sara Pride Ranjeet Nagar, Aurangabad.
4. Mr.Ashish Vinod Agrawal, R/o Mahesh Nagar Jalna Road, Aurangabad.
(For self representative partners).
15 F.A.No.: 17 to 26/2012 &43/2012, 569 to 591/2011, 101 to 127/2012.
5. Rajkumar Manikchand Agrawal, R/o Mondha Naka Aurangabad and Mr.Sunil Nandlal Agrawal, R/o Guru Ramdas nagar, Jalna Road, Aurangabad.
6. Pramod Jamnalal Kasliwal(Jain), R/o Diwan Deodi, Aurangabad. ....RESPONDENTS.
17) F.A.No. 585/2011 in C.C.No.899/2009
1. Parmeshwar Rangnath Mundhe, R/o Shri.Sidhi Vinayak Vihar, Gut No.99, Plot No.1, Type "C" Row House No.21, Tisgaon, Behind A.S.Club, Cidco, Aurangabad, Tq. & Dist.Aurangabad.
2. M/s Shubh Deep Construction, Regd.Office "Sara Pride", Shop No.15, Ranjeet Nagar, Kalda Corner, Aurangabad, Through its Partner.
3. Mr.Ganesh Tarachand Daulanpure, R/o Sara Pride Ranjeet Nagar, Aurangabad.
4. Mr.Ashish Vinod Agrawal, R/o Mahesh Nagar Jalna Road, Aurangabad.
(For self representative partners).
5. Rajkumar Manikchand Agrawal, R/o Mondha Naka Aurangabad and Mr.Sunil Nandlal Agrawal, R/o Guru Ramdas nagar, Jalna Road, Aurangabad.
6. Pramod Jamnalal Kasliwal(Jain), R/o Diwan Deodi, Aurangabad. ....RESPONDENTS.
18) F.A.No. 586/2011 in C.C.No.900/2009
1. Shantaram Suresh Dhakchawle, R/o Shri.Sidhi Vinayak Vihar, Gut No.99, Plot No.1, Type "C"
16 F.A.No.: 17 to 26/2012 &43/2012, 569 to 591/2011, 101 to 127/2012.
Row House No.30, Tisgaon, Behind A.S.Club, Cidco, Aurangabad, Tq. & Dist.Aurangabad.
2. M/s Shubh Deep Construction, Regd.Office "Sara Pride", Shop No.15, Ranjeet Nagar, Kalda Corner, Aurangabad, Through its Partner.
3. Mr.Ganesh Tarachand Daulanpure, R/o Sara Pride Ranjeet Nagar, Aurangabad.
4. Mr.Ashish Vinod Agrawal, R/o Mahesh Nagar Jalna Road, Aurangabad.
(For self representative partners).
5. Rajkumar Manikchand Agrawal, R/o Mondha Naka Aurangabad and Mr.Sunil Nandlal Agrawal, R/o Guru Ramdas nagar, Jalna Road, Aurangabad.
6. Pramod Jamnalal Kasliwal(Jain), R/o Diwan Deodi, Aurangabad. ....RESPONDENTS.
19) F.A.No. 587/2011 in C.C.No.901/2009
1. Sandeep Madhukar Chaudhary, R/o Shri.Sidhi Vinayak Vihar, Gut No.99, Plot No.1, Type "C" Row House No.3, Tisgaon, Behind A.S.Club, Cidco, Aurangabad, Tq. & Dist.Aurangabad.
2. M/s Shubh Deep Construction, Regd.Office "Sara Pride", Shop No.15, Ranjeet Nagar, Kalda Corner, Aurangabad, Through its Partner.
3. Mr.Ganesh Tarachand Daulanpure, R/o Sara Pride Ranjeet Nagar, Aurangabad.
17 F.A.No.: 17 to 26/2012 &43/2012, 569 to 591/2011, 101 to 127/2012.
4. Mr.Ashish Vinod Agrawal, R/o Mahesh Nagar Jalna Road, Aurangabad.
(For self representative partners).
5. Rajkumar Manikchand Agrawal, R/o Mondha Naka Aurangabad and Mr.Sunil Nandlal Agrawal, R/o Guru Ramdas nagar, Jalna Road, Aurangabad.
6. Pramod Jamnalal Kasliwal(Jain), R/o Diwan Deodi, Aurangabad. ....RESPONDENTS.
20) F.A.No. 588/2011 in C.C.No.902/2009
1. Balaji Sambhajirao Jadhav, R/o Shri.Sidhi Vinayak Vihar, Gut No.99, Plot No.1, Type "C" Row House No.23, Tisgaon, Behind A.S.Club, Cidco, Aurangabad, Tq. & Dist.Aurangabad.
2. M/s Shubh Deep Construction, Regd.Office "Sara Pride", Shop No.15, Ranjeet Nagar, Kalda Corner, Aurangabad, Through its Partner.
3. Mr.Ganesh Tarachand Daulanpure, R/o Sara Pride Ranjeet Nagar, Aurangabad.
4. Mr.Ashish Vinod Agrawal, R/o Mahesh Nagar Jalna Road, Aurangabad.
(For self representative partners).
5. Rajkumar Manikchand Agrawal, R/o Mondha Naka Aurangabad and Mr.Sunil Nandlal Agrawal, R/o Guru Ramdas nagar, Jalna Road, Aurangabad.
6. Pramod Jamnalal Kasliwal(Jain), R/o Diwan Deodi, Aurangabad. ....RESPONDENTS.
18 F.A.No.: 17 to 26/2012 &43/2012, 569 to 591/2011, 101 to 127/2012.
21) F.A.No. 589/2011 in C.C.No.903/2009
1. Raju Sitaram Raut, R/o Shri.Sidhi Vinayak Vihar, Gut No.99, Plot No.1, Type "C" Row House No.28, Tisgaon, Behind A.S.Club, Cidco, Aurangabad, Tq. & Dist.Aurangabad.
2. M/s Shubh Deep Construction, Regd.Office "Sara Pride", Shop No.15, Ranjeet Nagar, Kalda Corner, Aurangabad, Through its Partner.
3. Mr.Ganesh Tarachand Daulanpure, R/o Sara Pride Ranjeet Nagar, Aurangabad.
4. Mr.Ashish Vinod Agrawal, R/o Mahesh Nagar Jalna Road, Aurangabad.
(For self representative partners).
5. Rajkumar Manikchand Agrawal, R/o Mondha Naka Aurangabad and Mr.Sunil Nandlal Agrawal, R/o Guru Ramdas nagar, Jalna Road, Aurangabad.
6. Pramod Jamnalal Kasliwal(Jain), R/o Diwan Deodi, Aurangabad. ....RESPONDENTS.
22) F.A.No. 590/2011 in C.C.No.904/2009
1. Bhagwan Vasantrao Tathe, R/o Shri.Sidhi Vinayak Vihar, Gut No.99, Plot No.1, Type "C" Row House No.10, Tisgaon, Behind A.S.Club, Cidco, Aurangabad, Tq. & Dist.Aurangabad.
2. M/s Shubh Deep Construction, Regd.Office "Sara Pride", Shop No.15, Ranjeet Nagar, Kalda Corner, Aurangabad, Through its Partner.
19 F.A.No.: 17 to 26/2012 &43/2012, 569 to 591/2011, 101 to 127/2012.
3. Mr.Ganesh Tarachand Daulanpure, R/o Sara Pride Ranjeet Nagar, Aurangabad.
4. Mr.Ashish Vinod Agrawal, R/o Mahesh Nagar Jalna Road, Aurangabad.
(For self representative partners).
5. Rajkumar Manikchand Agrawal, R/o Mondha Naka Aurangabad and Mr.Sunil Nandlal Agrawal, R/o Guru Ramdas nagar, Jalna Road, Aurangabad.
6. Pramod Jamnalal Kasliwal(Jain), R/o Diwan Deodi, Aurangabad. ....RESPONDENTS.
23) F.A.No. 591/2011 in C.C.No.905/2009
1. Audumbar Bhaskar Shinde, R/o Shri.Sidhi Vinayak Vihar, Gut No.99, Plot No.1, Type "C" Row House No.18, Tisgaon, Behind A.S.Club, Cidco, Aurangabad, Tq. & Dist.Aurangabad.
2. M/s Shubh Deep Construction, Regd.Office "Sara Pride", Shop No.15, Ranjeet Nagar, Kalda Corner, Aurangabad, Through its Partner.
3. Mr.Ganesh Tarachand Daulanpure, R/o Sara Pride Ranjeet Nagar, Aurangabad.
4. Mr.Ashish Vinod Agrawal, R/o Mahesh Nagar Jalna Road, Aurangabad.
(For self representative partners).
5. Rajkumar Manikchand Agrawal, R/o Mondha Naka Aurangabad and Mr.Sunil Nandlal Agrawal, R/o Guru Ramdas nagar, Jalna Road, 20 F.A.No.: 17 to 26/2012 & 43/2012, 569 to 591/2011, 101 to 127/2012.
Aurangabad.
6. Pramod Jamnalal Kasliwal(Jain), R/o Diwan Deodi, Aurangabad. ....RESPONDENTS.
Date of filing :09.02.2012 Date of order :30.04.2013 FIRST APPEAL NO. :101 /2012 to 127/2012 IN COMPLAINT CASE NO.:909, 908, 907, 906, 905, 906, 905, 904, 915, 914, 913, 912, 911, 910, 903, 902, 901, 900, 899, 898, 897, 896, 412, 411, 410,409, 408, 407 & 406/2009 DISTRICT CONSUMER FORUM :AURANGABAD.
1) M/s Shubh Deep Construction, Office at Shop No.15, " Sara Pride", Ranjit Nagar, Kalda Corner, Aurangabad, Through its Partners.
2) Ashish Vinod Agrawal, R/o Mahesh Nagar, Jalna Road, Aurangabad.
3) Rajkumar Manakchand Agrawal, R/o Mondha Naka, Aurangabad.
4) Pramod Jamnalal Kasliwal(Jain), R/o Diwan Deodi, Aurangabad.
VERSUS.
1) F.A.No. 101/2012 in C.C.No.909/2009
1) Shri.Krushna Sitaram Karande, R/o Row House Type-B, No.25, Plot No.1, Gut No.99, Shri.Sidhi Vinayak Vihar, Beside A.S.Club, Tisgaon, Cidco, Aurangabad.
2) Administrator, City and Industrial Development Corporation, 21 F.A.No.: 17 to 26/2012 & 43/2012, 569 to 591/2011, 101 to 127/2012.
CIDCO, Waluj Mahanagar, Aurangabad.
3) Ganesh Tarachand Daulanpure, "Sara Pride", Kalda Corner, Ranjit Nagar, Aurangabad.
2) F.A.No. 102/2012 in C.C.No.908/2009
1) Shri.Nagorao Kishanrao Kathure, R/o Row House Type-B, No.24, Plot No.1, Gut No.99, Shri.Sidhi Vinayak Vihar, Beside A.S.Club, Tisgaon, Cidco, Aurangabad.
2) Administrator, City and Industrial Development Corporation, CIDCO, Waluj Mahanagar, Aurangabad.
3) Ganesh Tarachand Daulanpure, "Sara Pride", Kalda Corner, Ranjit Nagar, Aurangabad.
3) F.A.No. 103/2012 in C.C.No.907/2009
1) Shri.Sanjay Sakharam Khedkar, R/o Row House Type-B, No.22, Plot No.1, Gut No.99, Shri.Sidhi Vinayak Vihar, Beside A.S.Club, Tisgaon, Cidco, Aurangabad.
2) Administrator, City and Industrial Development Corporation, CIDCO, Waluj Mahanagar, Aurangabad.
3) Ganesh Tarachand Daulanpure, "Sara Pride", Kalda Corner, Ranjit Nagar, Aurangabad.
4) F.A.No. 104/2012 in C.C.No.906/2009
1) Shri.Dattatraya Murlidhar Shinde, R/o Row House Type-B, No.25, Plot No.1, 22 F.A.No.: 17 to 26/2012 & 43/2012, 569 to 591/2011, 101 to 127/2012.
Gut No.99, Shri.Sidhi Vinayak Vihar, Beside A.S.Club, Tisgaon, Cidco, Aurangabad.
2) Administrator, City and Industrial Development Corporation, CIDCO, Waluj Mahanagar, Aurangabad.
3) Ganesh Tarachand Daulanpure, "Sara Pride", Kalda Corner, Ranjit Nagar, Aurangabad.
5) F.A.No. 105/2012 in C.C.No.905/2009
1) Shri.Audumbar Bhaskar Shinde, R/o Row House Type-B, No.18, Plot No.1, Gut No.99, Shri.Sidhi Vinayak Vihar, Beside A.S.Club, Tisgaon, Cidco, Aurangabad.
2) Administrator, City and Industrial Development Corporation, CIDCO, Waluj Mahanagar, Aurangabad.
3) Ganesh Tarachand Daulanpure, "Sara Pride", Kalda Corner, Ranjit Nagar, Aurangabad.
6) F.A.No. 106/2012 in C.C.No.904/2009
1) Shri.Bhagwan Vasantrao Thate,, R/o Row House Type-B, No.10, Plot No.1, Gut No.99, Shri.Sidhi Vinayak Vihar, Beside A.S.Club, Tisgaon, Cidco, Aurangabad.
2) Administrator, City and Industrial Development Corporation, CIDCO, Waluj Mahanagar, Aurangabad.
3) Ganesh Tarachand Daulanpure, "Sara Pride", Kalda Corner, Ranjit Nagar, 23 F.A.No.: 17 to 26/2012 & 43/2012, 569 to 591/2011, 101 to 127/2012.
Aurangabad.
7) F.A.No. 107/2012 in C.C.No.915/2009
1) Shri.Shridhar Sakharam Gendale, R/o Row House Type-B, No.4, Plot No.1, Gut No.99, Shri.Sidhi Vinayak Vihar, Beside A.S.Club, Tisgaon, Cidco, Aurangabad.
2) Administrator, City and Industrial Development Corporation, CIDCO, Waluj Mahanagar, Aurangabad.
3) Ganesh Tarachand Daulanpure, "Sara Pride", Kalda Corner, Ranjit Nagar, Aurangabad.
8) F.A.No. 108/2012 in C.C.No.914/2009
1) Shri.Vikas Jalindar Radkar, R/o Row House Type-B, No.29, Plot No.1, Gut No.99, Shri.Sidhi Vinayak Vihar, Beside A.S.Club, Tisgaon, Cidco, Aurangabad.
2) Administrator, City and Industrial Development Corporation, CIDCO, Waluj Mahanagar, Aurangabad.
3) Ganesh Tarachand Daulanpure, "Sara Pride", Kalda Corner, Ranjit Nagar, Aurangabad.
9) F.A.No. 109/2012 in C.C.No.913/2009
1) Shri.Nilesh Vilasrao Deshmukh, R/o Row House Type-B, No.17, Plot No.1, Gut No.99, Shri.Sidhi Vinayak Vihar, Beside A.S.Club, Tisgaon, Cidco, Aurangabad.
2) Administrator, City and Industrial Development Corporation, 24 F.A.No.: 17 to 26/2012 & 43/2012, 569 to 591/2011, 101 to 127/2012.
CIDCO, Waluj Mahanagar, Aurangabad.
3) Ganesh Tarachand Daulanpure, "Sara Pride", Kalda Corner, Ranjit Nagar, Aurangabad.
10) F.A.No. 110/2012 in C.C.No.912/2009
1) Shri.Purushottam Aakrur Ghase, R/o Row House Type-B, No.20, Plot No.1, Gut No.99, Shri.Sidhi Vinayak Vihar, Beside A.S.Club, Tisgaon, Cidco, Aurangabad.
2) Administrator, City and Industrial Development Corporation, CIDCO, Waluj Mahanagar, Aurangabad.
3) Ganesh Tarachand Daulanpure, "Sara Pride", Kalda Corner, Ranjit Nagar, Aurangabad.
11) F.A.No. 111/2012 in C.C.No.911/2009
1) Shri.Sambhaji Manohar Bhosale, R/o Row House Type-B, No.9, Plot No.1, Gut No.99, Shri.Sidhi Vinayak Vihar, Beside A.S.Club, Tisgaon, Cidco, Aurangabad.
2) Administrator, City and Industrial Development Corporation, CIDCO, Waluj Mahanagar, Aurangabad.
3) Ganesh Tarachand Daulanpure, "Sara Pride", Kalda Corner, Ranjit Nagar, Aurangabad.
12) F.A.No. 112/2012 in C.C.No.910/2009
1) Shri.Vilas Sitaram Rathod, R/o Row House Type-B, No.19, Plot No.1, 25 F.A.No.: 17 to 26/2012 & 43/2012, 569 to 591/2011, 101 to 127/2012.
Gut No.99, Shri.Sidhi Vinayak Vihar, Beside A.S.Club, Tisgaon, Cidco, Aurangabad.
2) Administrator, City and Industrial Development Corporation, CIDCO, Waluj Mahanagar, Aurangabad.
3) Ganesh Tarachand Daulanpure, "Sara Pride", Kalda Corner, Ranjit Nagar, Aurangabad.
13) F.A.No. 113/2012 in C.C.No.903/2009
1) Shri.Raju Sitram Raut, R/o Row House Type-B, No.25, Plot No.1, Gut No.99, Shri.Sidhi Vinayak Vihar, Beside A.S.Club, Tisgaon, Cidco, Aurangabad.
2) Administrator, City and Industrial Development Corporation, CIDCO, Waluj Mahanagar, Aurangabad.
3) Ganesh Tarachand Daulanpure, "Sara Pride", Kalda Corner, Ranjit Nagar, Aurangabad.
14) F.A.No. 114/2012 in C.C.No.902/2009
1) Shri.Balaji Sambhajirao Jadhav, R/o Row House Type-B, No.23, Plot No.1, Gut No.99, Shri.Sidhi Vinayak Vihar, Beside A.S.Club, Tisgaon, Cidco, Aurangabad.
2) Administrator, City and Industrial Development Corporation, CIDCO, Waluj Mahanagar, Aurangabad.
3) Ganesh Tarachand Daulanpure, "Sara Pride", Kalda Corner, Ranjit Nagar, Aurangabad.
26 F.A.No.: 17 to 26/2012 &43/2012, 569 to 591/2011, 101 to 127/2012.
15) F.A.No. 115/2012 in C.C.No.901/2009
1) Shri.Sandeep Madhukar Chaudhary, R/o Row House Type-B, No.3, Plot No.1, Gut No.99, Shri.Sidhi Vinayak Vihar, Beside A.S.Club, Tisgaon, Cidco, Aurangabad.
2) Administrator, City and Industrial Development Corporation, CIDCO, Waluj Mahanagar, Aurangabad.
3) Ganesh Tarachand Daulanpure, "Sara Pride", Kalda Corner, Ranjit Nagar, Aurangabad.
16) F.A.No. 116/2012 in C.C.No.900/2009
1) Shri.Shantaram Suresh Dhakchawale, R/o Row House Type-B, No.30, Plot No.1, Gut No.99, Shri.Sidhi Vinayak Vihar, Beside A.S.Club, Tisgaon, Cidco, Aurangabad.
2) Administrator, City and Industrial Development Corporation, CIDCO, Waluj Mahanagar, Aurangabad.
3) Ganesh Tarachand Daulanpure, "Sara Pride", Kalda Corner, Ranjit Nagar, Aurangabad.
17) F.A.No. 117/2012 in C.C.No.899/2009
1) Shri.Parmeshwar Rangnath Mundhe, R/o Row House Type-B, No.21, Plot No.1, Gut No.99, Shri.Sidhi Vinayak Vihar, Beside A.S.Club, Tisgaon, Cidco, Aurangabad.
2) Administrator, City and Industrial Development Corporation, CIDCO, Waluj Mahanagar, Aurangabad.
27 F.A.No.: 17 to 26/2012 &43/2012, 569 to 591/2011, 101 to 127/2012.
3) Ganesh Tarachand Daulanpure, "Sara Pride", Kalda Corner, Ranjit Nagar, Aurangabad.
18) F.A.No. 118/2012 in C.C.No.898/2009
1) Shri.Sanjay Taterao Ghuge, R/o Row House Type-B, No.1, Plot No.1, Gut No.99, Shri.Sidhi Vinayak Vihar, Beside A.S.Club, Tisgaon, Cidco, Aurangabad.
2) Administrator, City and Industrial Development Corporation, CIDCO, Waluj Mahanagar, Aurangabad.
3) Ganesh Tarachand Daulanpure, "Sara Pride", Kalda Corner, Ranjit Nagar, Aurangabad.
19) F.A.No. 119/2012 in C.C.No.897/2009
1) Shri.Vaijinath Bapuappa Vajage, R/o Row House Type-B, No.2, Plot No.1, Gut No.99, Shri.Sidhi Vinayak Vihar, Beside A.S.Club, Tisgaon, Cidco, Aurangabad.
2) Administrator, City and Industrial Development Corporation, CIDCO, Waluj Mahanagar, Aurangabad.
3) Ganesh Tarachand Daulanpure, "Sara Pride", Kalda Corner, Ranjit Nagar, Aurangabad.
20) F.A.No. 120/2012 in C.C.No.896/2009
1) Shri.Ramesh Jagannath Kanthali, R/o Row House Type-B, No.15, Plot No.1, Gut No.99, Shri.Sidhi Vinayak Vihar, Beside A.S.Club, Tisgaon, Cidco, Aurangabad.
28 F.A.No.: 17 to 26/2012 &43/2012, 569 to 591/2011, 101 to 127/2012.
2) Administrator, City and Industrial Development Corporation, CIDCO, Waluj Mahanagar, Aurangabad.
3) Ganesh Tarachand Daulanpure, "Sara Pride", Kalda Corner, Ranjit Nagar, Aurangabad.
21) F.A.No. 121/2012 in C.C.No.412/2009
1) Shri.Arun Annarao Patil, R/o Row House, Plot No.1, Gut No.99, Shri.Sidhi Vinayak Vihar, Beside A.S.Club, Tisgaon, Cidco, Aurangabad.
2) Administrator, City and Industrial Development Corporation, CIDCO, Waluj Mahanagar, Aurangabad.
3) Ganesh Tarachand Daulanpure, "Sara Pride", Kalda Corner, Ranjit Nagar, Aurangabad.
22) F.A.No. 122/2012 in C.C.No.411/2009
1) Shri.Kantarao Baburao Kare, R/o Row House, Plot No.1, Gut No.99, Shri.Sidhi Vinayak Vihar, Beside A.S.Club, Tisgaon, Cidco, Aurangabad.
2) Administrator, City and Industrial Development Corporation, CIDCO, Waluj Mahanagar, Aurangabad.
3) Ganesh Tarachand Daulanpure, "Sara Pride", Kalda Corner, Ranjit Nagar, Aurangabad.
23) F.A.No. 123/2012 in C.C.No.410 /2009
1) Shri.Tulshiram Venkatrao Shingade, 29 F.A.No.: 17 to 26/2012 & 43/2012, 569 to 591/2011, 101 to 127/2012.
R/o Row House, Plot No.1, Gut No.99, Shri.Sidhi Vinayak Vihar, Beside A.S.Club, Tisgaon, Cidco, Aurangabad.
2) Administrator, City and Industrial Development Corporation, CIDCO, Waluj Mahanagar, Aurangabad.
3) Ganesh Tarachand Daulanpure, "Sara Pride", Kalda Corner, Ranjit Nagar, Aurangabad.
24) F.A.No. 124/2012 in C.C.No.409 /2009
1) Shri.Sambhaji Nathrao Latpate, R/o Row House, Plot No.1, Gut No.99, Shri.Sidhi Vinayak Vihar, Beside A.S.Club, Tisgaon, Cidco, Aurangabad.
2) Administrator, City and Industrial Development Corporation, CIDCO, Waluj Mahanagar, Aurangabad.
3) Ganesh Tarachand Daulanpure, "Sara Pride", Kalda Corner, Ranjit Nagar, Aurangabad.
25) F.A.No. 125/2012 in C.C.No.408/2009
1) Shri.Sanjay Dnyanoba Sanap, R/o Row House, Plot No.1, Gut No.99, Shri.Sidhi Vinayak Vihar, Beside A.S.Club, Tisgaon, Cidco, Aurangabad.
2) Administrator, City and Industrial Development Corporation, CIDCO, Waluj Mahanagar, Aurangabad.
3) Ganesh Tarachand Daulanpure, "Sara Pride", Kalda Corner, Ranjit Nagar, Aurangabad.
30 F.A.No.: 17 to 26/2012 &43/2012, 569 to 591/2011, 101 to 127/2012.
26) F.A.No. 126/2012 in C.C.No.407/2009
1) Shri.Santosh Shivdas Shelgaonkar, R/o Row house, Plot No.1, Gut No.99, Shri.Sidhi Vinayak Vihar, Beside A.S.Club, Tisgaon, Cidco, Aurangabad.
2) Administrator, City and Industrial Development Corporation, CIDCO, Waluj Mahanagar, Aurangabad.
3) Ganesh Tarachand Daulanpure, "Sara Pride", Kalda Corner, Ranjit Nagar, Aurangabad.
27) F.A.No. 127/2012 in C.C.No.406/2009
1) Shri.Sai Reddy Anna Reddy, R/o RM-64, Utkarsh Housing Society, Bajaj Nagar,MIDC Waluj, Aurangabad.
2) Administrator, City and Industrial Development Corporation, CIDCO, Waluj Mahanagar, Aurangabad.
3) Ganesh Tarachand Daulanpure, "Sara Pride", Kalda Corner, Ranjit Nagar, Aurangabad.
CORAM : Mr.B.A.Shaikh, Hon`ble Presiding Judicial Member.
Mr.K.B.Gawali, Hon`ble Member. Smt.Uma S.Bora, Hon`ble Member.
Present : Adv.Shri.Pradip Adkine for org.complainants, Adv.Shri.S.T.Agrawal for Builders, Adv.Shri.A.R.Nikam for Cidco, Adv.Shri.B.B.Yenge for respondent No.1 in appeal Nos.121/2012 to 127/2012.
31 F.A.No.: 17 to 26/2012 &43/2012, 569 to 591/2011, 101 to 127/2012.
O R A L O R D E R Per Mr.K.B.Gawali, Hon`ble Member.
1. All these 61 appeals have been originated from two common judgments and orders passed by District Forum Aurangabad on the same date i.e. 16.8.2011. Of these two judgments and orders, one is passed in respect of C.C.Nos. 406/2009 to 412/2009(7 complaints) and other is passed in respect of C.C.Nos.896/2009 to 915/2009( 20 complaints). Out of these total 61 appeals, 11 appeals bearing Nos.17/2012 to 26/2012 and 43/2012 have been filed by the original Complainants( hereinafter termed as "Complainants"), 23 appeals bearing Nos.569/2011 to 591/2011 have been filed by one of the original opponent namely Cidco ( hereinafter termed as "Cidco") and rest of the 27 appeals bearing Nos. 101 to 127/2012 have been filed by other original opponents i.e. M/s Shubhdeep Construction through it`s partners ( hereinafter termed as "Builders"). The appeals filed by the Complainants are for the enhancement of the amount of compensation as awarded by the Forum below, whereas appeals filed by "Cidco" and "Builders" are for setting aside both the impugned judgment and orders dated 16.8.2011.
2. The issue involved in all these appeals is same i.e. about deficiency in service said to have been committed by Cidco and Builders and hence we have decided to dispose of all these appeals by a common judgment and order.
3. The facts of the Complainant`s case are briefed as under.
That, the appellants had launched group housing scheme by name "Shri Siddhivinayak Vihar" to be developed in plot Nos.1 & 24 total admeasuring 8364.73 sq.mt. out of Gut No.99 of village Tisgaon behind A.S.Club, Nagar Road, Aurangabad. That, the Endurance company, Waluj(Aurangabad), of which Complainants are the employees had approached to the Builders and expressed its desire to purchase 30 row-houses, each having built up area of 433 sq.ft. and 32 F.A.No.: 17 to 26/2012 & 43/2012, 569 to 591/2011, 101 to 127/2012.
plot area of 600 sq.ft., for its employees. That, the cost of each house was fixed at Rs.4,75,000/-. Accordingly, the Builders executed individual "agreement to sale" dated 11.5.2007 and also sale deed dated 7.9.2007 in favour of those individual employees.
4. It was submitted by the Complainants that each of them had paid total cost of house i.e.Rs.4,75,000/- by way of raising loan of Rs.4,25,000/- from State Bank of Hyderabad, ATM Branch, Aurangabad and Rs.50,000/- by way of cash. It was contended that as per the terms of the agreement, the possession of the row-houses was to be given on or before 31.12.2007 but the actual possession was given on 3.10.2009 i.e. after the delay of 22 months. That, due to the said delay in handing over the possession, the Complainants had to make alternate arrangements of rental house, for which each of them spent Rs.44,000/- i.e. Rs.2000/- per month. It was also contended that basic facility like drinking water was not provided at the time of possession. Hence they had to make arrangement of drinking water on their own. It was further contended that due to delayed possession the bank rephased the loan instalment from 240 to 281 and there was hike in the rate of interest from 11% p.a. to 11.75% p.a., which resulted into additional burden of Rs.2,10,780/- on the repayment of total value of loan. That, they had therefore issued joint legal notice on 01.07.2009 to the Builders demanding compensation of Rs.1,02,20,000/- which included Rs.22,80,000/- towards interest @ 24% p.a. on the amount of loan of Rs.95,00,000/- and Rs.7,20,000/- paid towards rental houses due to delayed possession. However, since there was no response to the said notice, Complainants approached to the District Forum seeking direction to the appellant Builders to pay to each of the Complainants compensation of Rs.44,000/- towards rent, Rs.1 lakhs towards mental harassment and Rs. 1 lakh towards cost of litigation and also to provide permanent water facility etc. 33 F.A.No.: 17 to 26/2012 & 43/2012, 569 to 591/2011, 101 to 127/2012.
5. The Builders appeared before the Forum and resisted the claim by way of written version. It was contended that complaints being of about possession of row-houses and about payment of rent, were out of jurisdiction of the Forum. That, the Endurance company which is the employer of the Complainants had not paid the advance amount of Rs.80 lakhs as was agreed to be paid before taking up the construction work. Therefore, it could not start construction work in time. That, the Complainants paid only Rs.10,000/- at the time of booking. That, the bank also delayed the first instalment of Rs.1,25,000/- from each of the Complainants by six months and was actually paid on 11.7.2007. Remaining instalments were also not paid by the Complainants as per schedule of payment given in the agreement. That, the bank had withheld the further instalments for want of sale deed. Therefore, although the construction work was not completed they had to execute sale deed which also consumed much of the time. That, third instalment was delayed by three months by the bank for want of consent from some of the purchasers. It was also contended that although bank had sanctioned Rs.4,25,000/- to each of the Complainants, it had disbursed only Rs.4,15,000/- and remaining amount of Rs.10,000/- was withheld by bank. It was thus averred by the Builders that since there was delay in payment of the cost of the houses by the Complainants, their employer and by the bank , the construction could not be completed as per scheduled, for which Builders were not responsible but the Complainants.
6. As regards the drinking water supply, it was contended that there was no any commitment made by Builders about the same in the "agreement to sale" or in the "sale deed". That, in fact employer company and Complainants had agreed to pay Rs.15,000/- towards laying out of water pipe line and providing of water tap connection, but the same had not been paid as yet. That, however Builders had laid down the pipe line and provided water connection arrangement to each of the Complainants but the question was only of connecting 34 F.A.No.: 17 to 26/2012 & 43/2012, 569 to 591/2011, 101 to 127/2012.
said pipe line to the main pipe line of Cidco. That, since the Cidco delayed the connection of water through it`s pipe line, the Complainants had provided drinking water from the well. That, water supply was not available by Cidco due to want of completion certificate of entire project. It was therefore contended by Builders that since they had made all necessary arrangement for supply of drinking water to the complainants, there was no deficiency in service on their part. Hence it was requested to dismiss the complaints.
7. Opponent Cidco also appeared before the Forum and resisted the claim of the Complainants. It was contended that there was no allegations and claim made by the Complainants in their complaints against Cidco. Secondly, Cidco was not party to the agreement as executed in between Complainant and Builders. However, Complainants have unnecessary made Cidco as party to their complaints. Hence it was requested that all the complaints be dismissed to the extent of Cidco.
8. The Forum below on the basis of the available record and after hearing the parties has partly allowed the complaints and directed the Builders (org.opponent Nos.1 to 5) to pay required charges of water connection to the Cidco( Org.opponent No.6) within a month and further directed to Cidco to accept the said charges without any condition within a month and supply water to the Complainants within 15 days from the date of deposit of water charges. It was specifically directed to supply the drinking water from pipe line of Cidco within two months from the date of possession, jointly by Builders and Cidco. It was also directed to the Builders that water supply is not made from Cidco pipelines, Builders shall supply drinking water to pay compensation of Rs.5000/- towards deficient service and Rs.2000/- towards cost of the complaint to each of the complainants. Cidco was also directed to pay Rs.1000/- to each of the complainants towards deficient service.
35 F.A.No.: 17 to 26/2012 &43/2012, 569 to 591/2011, 101 to 127/2012.
9. Aggrieved by the said judgment and order, present appeals came to be filed in this Commission as mentioned above. Since all these appeals consist of same issue, they were jointly heard finally on 10.4.2013 and were reserved for judgment and order.
10. The 11 Complainants filed individual appeals along with application for condonation of delay which is shown as 4 days. On the point of delay the Learned advocate Shri.P.R.Adkine submitted that it was a short delay which was caused in obtaining certified copy of judgment of all the individual complainants and getting legal advise of the respective lawyers about filing of appeal and thereafter completing other formalities of filing the appeals. Hence he requested that the delay being of short period and properly explained, be condoned.
11. As regards the merit of the case, the learned counsel Shri.Adkine submitted that there was no delay on the part of Complainants for making payment of remaining amount of row- houses. He contended that the bank of Complainants` had already sanctioned loan of Rs.4,25,000/- to each of the Complainants and the same was to be released as per the progress of work. However, since Builders could not make required progress of work, the bank did not disburse the instalment as per schedule of payment given in the agreement. Hence Builders were only responsible for delay of 22 months in giving possession which caused unnecessary burden of rental payment of Rs.44,000/- and additional interest on loan as the Bank increased the rate of interest from 11% p.a. to 11.75% p.a. and also rephrased the loan instalment from 240 to 281. He however argued that although there was no specific commitment made by the Builders about the supply of drinking water in the "agreement to sale", it was the basic responsibility of the Builders to provide drinking water and other amenities such as road, gutter and sanitary facilities.
36 F.A.No.: 17 to 26/2012 &43/2012, 569 to 591/2011, 101 to 127/2012.
He further contended that as per the commencement certificate issued by Cidco authority there was condition to provide permanent drinking water and other facilities. Learned counsel Shri.Adkine further contended that although Forum below observed deficiency in service on the part of Builders as pointed out above it failed to appreciate the same and awarded a meagre amount of compensation. He therefore requested to allow the appeals filed by Complainants and grant necessary relief by dismissing counter appeals filed by the Builders and the Cidco.
12. Learned counsel Shri.B.B.Yenge appeared for the Complainants who are respondents in appeal Nos.121/2012 to 127/2012 filed by Builders and appeal Nos.579 to 590/2011 filed by Cidco supported the argument made by learned counsel Shri.Adkine as above and requested to dismiss the appeals as filed by the Builders and Cidco.
13. Learned counsel Shri.A.R.Nikam appearing for the Cidco submitted that Cidco was not the party to the agreement made by Complainants with the Builders and it had no any contractual obligations. He further pointed out that even Complainants have not made allegations or any claim in their complaints against the Cidco. However, Forum below has misconceived the complaints and unlawfully made Cidco liable to pay Rs.1000/- to each of the Complainants by way of its impugned judgment and order which needs to be quashed and set aside.
14. Whereas the learned counsel Shri.S.T.Agrawal appearing for the Builders submitted his argument both on the point of delay as well as on the point of merit of the case. The delay shown in filing of all the 27 appeals is 116 days. He submitted that impugned orders dated 16.8.2011 were received by the dealing advocate on 14.9.2011 who intimated about the same to the appellant on 20.9.2011. He further submitted that the entire record of those cases was received only on 37 F.A.No.: 17 to 26/2012 & 43/2012, 569 to 591/2011, 101 to 127/2012.
28.12,2011 from earlier advocate Shri.Jayant Chitnis. That, Adv.Chitnis supplied certified copy of order only in group matters pertaining to C.C.Nos.406 to 412/2009 to 412/2009. Hence certified copy pertaining to other group matters bearing C.C.Nos.896 to 915/2009 was received only on 3.2.2012. He further submitted that issue of retirement of two partners of the appellant`s firm took some time and after consulting legal advisor and after returning of one of partners from Dubai on 5.2.2012 who had gone urgently on 30.1.2012 and appeals in question came to be filed. He therefore contended that the delay being not intentional, be condoned.
14A. The learned counsel of Complainants heavily opposed the delay condonation application stating that it was inordinate delay and also without any proper and justifiable reasons and hence said application be rejected.
15. Learned counsel Shri.Agrawal for the Builders further argued about the merit of the case. He submitted that delay in giving possession was due to non-payment of instalment by the Complainants as per schedule of payment as set out in the agreement by the Complainants which has been wrongly observed by Forum below. He however contended that Forum below has rightly concluded that Builders failed to provide all the facilities including drinking water and further held wrongly Builders for deficiency in service. He further contended that the Builders had laid down the internal pipe lines and it was the responsibility of Cidco to provide water connection from its pipe lines. However the Cidco failed to provide water connection despite the deposit of water connection charges to it by appellant Builders. He therefore contended that there was no deficiency in service on the part of Builders. However, Forum below failed to appreciate the defense led by the Builders and hence impugned judgment and order passed by District Forum be quashed and set aside by allowing their appeals.
38 F.A.No.: 17 to 26/2012 &43/2012, 569 to 591/2011, 101 to 127/2012.
16. We have carefully gone through the record available before us and also carefully considered the oral submissions as put forth by the learned counsels of rival parties. As regards delay caused in filing appeals by Complainants it is observed that the said delay is very short i.e. only 4 days and the same is properly explained and hence we condone the said delay.
17. As far as delay caused in filing of appeals by the Builders which is of 116 days, it is observed that the same is not properly explained. The reasons that their advocate who conducted the case before Forum below supplied record of the case after three months i.e. on 28.12.2011 and supplied certified copies of only one group of complaints that too on 4.2.2009 and the copies pertaining to other groups were found missing etc. cannot be good grounds to condone such huge delay of 116 days. Such inordinate delay in filing of appeals shows the callous and casual approach of the Builders in filing of the appeals. It is further observed that these appeals have been filed after filing of appeals by the Complainants and those by Cidco, from which it can be inferred that the Builders have filed appeals only after thought just to counter other appeals. Hence we reject the delay condonation application. However for the abundant precaution we have also dealt with the case of appellant-Builders on merit.
18. There are two major questions for our consideration and decision. i) Whether Complainants have proved the charge of deficiency in service against Cidco and Builders? and ii) Whether impugned judgment and order passed by District Forum needs our intervention?
19. As regards first question, the perusal of complaints of Complainants, it is revealed that said charge is only against the 39 F.A.No.: 17 to 26/2012 & 43/2012, 569 to 591/2011, 101 to 127/2012.
Builders and not against the Cidco. There is also no relief claimed by Complainants against Cidco but only against said Builders by way of their complaints. Cidco appears to be a formal party in the complaints. In fact there appears no contractual obligation to be fulfilled by Cidco as whatever agreement is there, it is in between Complainants and Builders. Hence, question of proving any deficient service on the part of the Cidco does not arise.
20. The said charge of deficiency in service as made by the Complainants against the Builders is based mainly on two grounds.
A) Delay of 22 months as made by Builders in giving possession of row-houses to the Complainants. B) Failure to supply of basic amenities especially permanent supply of drinking water.
21. It is not disputed that almost 22 months delay was occurred in giving possession of row-houses. As per the commitment made by Builders in "agreement to sale" the possession was to be handed over on 31.12.2007. However the same was handed over on 13.10.2009. Question is therefore, whether the Builders are responsible for the said delay. As per the contention of Builders, the Complainants, their employer i.e. Endurance Company and the Complainant`s Bank are responsible for the said delay. In their written version Builders have contended that there was a tri-party "agreement of sale" of the sell of row-houses among the Complainants, their employment and the Builders themselves. It is further contended by the Builders that as decided in the said tri-party agreement, Endurance company failed to pay Rs.80 lakhs which were to be paid before taking up the work of construction of said row-houses. Hence said work could not be started in time. However we do not find the said tri-party agreement to have been brought on record by the Builders before the Forum as is 40 F.A.No.: 17 to 26/2012 & 43/2012, 569 to 591/2011, 101 to 127/2012.
mentioned by the Forum below in it`s judgment. Hence the said defense cannot be considered.
22. The further contention of the Builders that the Complainants and their bank did not make the stagewise payment as per the schedule as set out in the "agreement to sale", however, appears to be partly acceptable. As per the said agreement Rs.50,000/- were to be paid by the Complainants at the time of booking and further the amount of Rs.2,00,000/- were to be paid within one month from the date of execution of the "agreement to sale". However, there is no record produced by the Complainants to show that the abovesaid amounts were paid on the said due dates which must have hampered the progress of work as contended by the Builders. In fact the "agreement to sell" was followed by the execution of "sale dees" as on 7.9.2007 as said to have been insisted by the Bank. These "sale deeds" also consists of "schedule of payment" which being of later date of "arrangement to sale" has to be considered for adjudging the delay occurred if any, in making payment to the Builders. As per the sale- deed the Builders had received Rs.1,75,000/- ......up to the date of sale-deed and remaining Rs.3 lakhs were to be paid as below.
i) Rs.1 lakh - Immediately after the execution of sale-deed.
ii) Rs.1 lakh - At the time of slab level.
iii) Rs.75,000/-- At the time of brick work, plaster, electric fitting and plumbing
iv) Rs.25,000/-- At the time of possession.
The details of payment as made by the Complainants to the Builders as stated by the Forum in its judgment which has not been disputed by the Complainants and the Builders in appeals, are given as under.
1) 11.7.2007 - Rs.1,25,000/- 2) 1.10.2007 -Rs.1,00,000/-
3) 22.01.2008 - Rs.1,00,000/- 4) 27.10.2008 -Rs. 50,000/-
41 F.A.No.: 17 to 26/2012 &43/2012, 569 to 591/2011, 101 to 127/2012.
5) 8.12.2008 - Rs.25,000/- 6) 10.10.2009 -Rs.10,000/-.
23. We find that the Complainants have not adhered to the schedule of payment as far as first two instalments as per the schedule given in the "agreement to sell" and first instalment as per the schedule given in the "sale-deed" are concerned. It is also observed that the actual disbursement of remaining instalments have also been delayed by the Banks by two to three months for want of consent from some of the Complainants as contended by the Builders and not specifically denied by the Complainants. It means although the particular stage of construction was achieved by the Builders, they received the payment after the delay of two (2) to three(3) months. Thus, it would not be proper to hold the Builders responsible for the entire delay of 22 months. We therefore, unlike the view taken by the Forum below in discharging Builders on the point of delay, hold the Builders responsible for the 50% delay i.e. about 11 months, for delivering of the possession of the said row-houses to the Complainants.
24. Now, the second ground is about providing of basic amenities including permanent drinking water supply. Defense of the Builders is that there was no any commitment made by them in the agreement to sale or in the sale deed for proving of the said facilities including permanent drinking water supply. However, as pointed out by learned advocate Shri.Adkine for the Complainants No.2 of the conditions laid down in the commencement certificate of the said construction work as issued by the Cidco, make it obligatory to the Builders to provide for permanent potable water and other basic facilities to the tenement holder. Even otherwise, Builders cannot be expected to construct the houses without basic amenities specially drinking water. Hence we hold it Builders responsibility to provide permanent drinking water along with other facilities such as roads, gutter, sewage arrangement etc. It is however observed that the Builders by pointing finger at 42 F.A.No.: 17 to 26/2012 & 43/2012, 569 to 591/2011, 101 to 127/2012.
Cidco have tried to escape from their responsibility in providing permanent drinking water facility. We do therefore repeat that the responsibility to provide permanent water supply is of Builders only and not of the Cidco as partly held by the District Forum.
25. Thus considering the aforesaid facts and observations it can be said that the deficiency in service is proved against the Builders only and not against the Cidco. We therefore find that the Forum below has unnecessarily dragged the Cidco into this litigation and wrongly directed to pay compensation. We have therefore restricted ourselves to hold only Builders liable to pay compensation to the Complainants. Hence considering the extent of responsibility of the delay committed by the Builders in delivering possession of the row-houses due to which the Complainants had to bear cost of rent and additional interest on the loan amount we are of view to grant lump-sum compensation of Rs.25,000/- to each the Complainants and towards failure of making permanent arrangement for water supply till the date of filing of complaints, we are of view to grant lump-sum compensation of Rs.10,000/- to each of the Complainants towards expenses incurred by them on drinking water i.e. total compensation of Rs.35,000/-. The impugned judgments and orders both dated 16.8.2011 therefore require to be modified. In the result, we proceed to pass the following order.
O R D E R
1. Appeals bearing Nos.17/12 to 26/12 & 43/2012 filed by Complainants are partly allowed against the Builders only.
2. Appeals bearing Nos. 569/2011 to 591/2011 filed by CIDCO are allowed.
3. Appeals bearing Nos.101/2012 to 127/2012 filed by Builders are dismissed.
43 F.A.No.: 17 to 26/2012 &43/2012, 569 to 591/2011, 101 to 127/2012.
4. Clause Nos.2 & 6 of the impugned orders as passed by Forum below are hereby set aside.
5. Appellant-Builders are hereby directed to pay each of the Complainants who filed aforesaid appeals, a compensation of Rs.35,000/- within a period of 30 days from the date of this order. Failing which, they shall pay interest @ 6% p.a. till realisation of the entire amount.
6. Clause Nos.3,4 & 5 of the impugned orders passed by Forum are confirmed.
7. No order as to costs of these appeals.
K.B.Gawali Uma S.Bora B.A.Shaikh Member Member Presiding Judicial Member.
Mane