National Consumer Disputes Redressal
Palm Groves Co-Operative Housing ... vs M/S. Magar Girme & Gaikwad Associates & ... on 25 May, 2018
NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI REVISION PETITION NO. 638 OF 2018 (Against the Order dated 10/10/2017 in Appeal No. 627/2016 of the State Commission Maharashtra) 1. PALM GROVES CO-OPERATIVE HOUSING SOCIETY LTD. THROUGH ITS CHIRMAN, HAVING ITS OFFICE AT 49, B.T. KAWADE ROAD, GHORPADI PUNE-411036 MAHARAHSTRA ...........Petitioner(s) Versus 1. M/S. MAGAR GIRME & GAIKWAD ASSOCIATES & ANR. THROUGH ITS PARTNERS HAVING ITS OFFICE AT MEGA SPACE 13, SOLAPUR BAZAR ROAD, OFF EAST STREET CAMP PUNE-411001 MAHARAHSTRA 2. SMT. KRISHNABAI SOPANRAO WATARE THROUGH THEIR POWER OF ATTORNEY HOLDER, SHRI JAYPRAKASH JAGANNATH GIRME, MEGA SPACE 13, SOLAPUR BAZAR ROAD, OFF EAST STREET CAMP, PUNE-411001, MAHARASHTRA 3. SMT. KALVATI MURLIDHAR KHALADKAR THROUGH THEIR POWER OF ATTORNEY HOLDER, SHRI JAYPRAKASH JAGANNATH GIRME, MEGA SPACE 13, SOLAPUR BAZAR ROAD, OFF EAST STREET CAMP, PUNE-411001, MAHARASHTRA 4. SMT. SHANTABAI KISAN SHINDE THROUGH THEIR POWER OF ATTORNEY HOLDER, SHRI JAYPRAKASH JAGANNATH GIRME, MEGA SPACE 13, SOLAPUR BAZAR ROAD, OFF EAST STREET CAMP, PUNE-411001, MAHARASHTRA 5. SMT. CHANDRAPARABHA DATTATRAYA DHAWDE THROUGH THEIR POWER OF ATTORNEY HOLDER, SHRI JAYPRAKASH JAGANNATH GIRME, MEGA SPACE 13, SOLAPUR BAZAR ROAD, OFF EAST STREET CAMP, PUNE-411001, MAHARASHTRA 6. KAMAL NARAYAN SHINDE THROUGH THEIR POWER OF ATTORNEY HOLDER, SHRI JAYPRAKASH JAGANNATH GIRME, MEGA SPACE 13, SOLAPUR BAZAR ROAD, OFF EAST STREET CAMP, PUNE-411001, MAHARASHTRA 7. SMT. SUMAN HARESH SHINDE THROUGH THEIR POWER OF ATTORNEY HOLDER, SHRI JAYPRAKASH JAGANNATH GIRME, MEGA SPACE 13, SOLAPUR BAZAR ROAD, OFF EAST STREET CAMP, PUNE-411001, MAHARASHTRA 8. SHRI NITIN G. WATARE THROUGH THEIR POWER OF ATTORNEY HOLDER, SHRI JAYPRAKASH JAGANNATH GIRME, MEGA SPACE 13, SOLAPUR BAZAR ROAD, OFF EAST STREET CAMP, PUNE-411001, MAHARASHTRA 9. MILIND G. WATARE THROUGH THEIR POWER OF ATTORNEY HOLDER, SHRI JAYPRAKASH JAGANNATH GIRME, MEGA SPACE 13, SOLAPUR BAZAR ROAD, OFF EAST STREET CAMP, PUNE-411001, MAHARASHTRA 10. MANISHA T. WATARE THROUGH THEIR POWER OF ATTORNEY HOLDER, SHRI JAYPRAKASH JAGANNATH GIRME, MEGA SPACE 13, SOLAPUR BAZAR ROAD, OFF EAST STREET CAMP, PUNE-411001, MAHARASHTRA 11. TUKARAM M. WATARE THROUGH THEIR POWER OF ATTORNEY HOLDER, SHRI JAYPRAKASH JAGANNATH GIRME, MEGA SPACE 13, SOLAPUR BAZAR ROAD, OFF EAST STREET CAMP, PUNE-411001, MAHARASHTRA 12. SHRU GULABRAO M. WATARE THROUGH THEIR POWER OF ATTORNEY HOLDER, SHRI JAYPRAKASH JAGANNATH GIRME, MEGA SPACE 13, SOLAPUR BAZAR ROAD, OFF EAST STREET CAMP, PUNE-411001, MAHARASHTRA 13. RADHIKA A. KAMTHE THROUGH THEIR POWER OF ATTORNEY HOLDER, SHRI JAYPRAKASH JAGANNATH GIRME, MEGA SPACE 13, SOLAPUR BAZAR ROAD, OFF EAST STREET CAMP, PUNE-411001, MAHARASHTRA 14. SANTOSH BABANRAO ZENDE THROUGH THEIR POWER OF ATTORNEY HOLDER, SHRI JAYPRAKASH JAGANNATH GIRME, MEGA SPACE 13, SOLAPUR BAZAR ROAD, OFF EAST STREET CAMP, PUNE-411001, MAHARASHTRA 15. BABANRAO SOPANRAO ZENDE THROUGH THEIR POWER OF ATTORNEY HOLDER, SHRI JAYPRAKASH JAGANNATH GIRME, MEGA SPACE 13, SOLAPUR BAZAR ROAD, OFF EAST STREET CAMP, PUNE-411001, MAHARASHTRA 16. VIMAL ANANTRAO WATARE THROUGH THEIR POWER OF ATTORNEY HOLDER, SHRI JAYPRAKASH JAGANNATH GIRME, MEGA SPACE 13, SOLAPUR BAZAR ROAD, OFF EAST STREET CAMP, PUNE-411001, MAHARASHTRA 17. ANIL ANANTRAO WATARE THROUGH THEIR POWER OF ATTORNEY HOLDER, SHRI JAYPRAKASH JAGANNATH GIRME, MEGA SPACE 13, SOLAPUR BAZAR ROAD, OFF EAST STREET CAMP, PUNE-411001, MAHARASHTRA 18. DHANANJAY ANANTRAO WATARE THROUGH THEIR POWER OF ATTORNEY HOLDER, SHRI JAYPRAKASH JAGANNATH GIRME, MEGA SPACE 13, SOLAPUR BAZAR ROAD, OFF EAST STREET CAMP, PUNE-411001, MAHARASHTRA 19. SHARADA NAMDEO GHULE THROUGH THEIR POWER OF ATTORNEY HOLDER, SHRI JAYPRAKASH JAGANNATH GIRME, MEGA SPACE 13, SOLAPUR BAZAR ROAD, OFF EAST STREET CAMP, PUNE-411001, MAHARASHTRA 20. SHIVAJI NARAYAN WATARE THROUGH THEIR POWER OF ATTORNEY HOLDER, SHRI JAYPRAKASH JAGANNATH GIRME, MEGA SPACE 13, SOLAPUR BAZAR ROAD, OFF EAST STREET CAMP, PUNE-411001, MAHARASHTRA 21. SUNIL SHIVAJI WATARE THROUGH THEIR POWER OF ATTORNEY HOLDER, SHRI JAYPRAKASH JAGANNATH GIRME, MEGA SPACE 13, SOLAPUR BAZAR ROAD, OFF EAST STREET CAMP, PUNE-411001, MAHARASHTRA 22. VIJAY SHIVAJI WATARE THROUGH THEIR POWER OF ATTORNEY HOLDER, SHRI JAYPRAKASH JAGANNATH GIRME, MEGA SPACE 13, SOLAPUR BAZAR ROAD, OFF EAST STREET CAMP, PUNE-411001, MAHARASHTRA 23. MANISH SHIVAJI WATARE THROUGH THEIR POWER OF ATTORNEY HOLDER, SHRI JAYPRAKASH JAGANNATH GIRME, MEGA SPACE 13, SOLAPUR BAZAR ROAD, OFF EAST STREET CAMP, PUNE-411001, MAHARASHTRA 24. BABANRAO NARAYAN WATARE THROUGH THEIR POWER OF ATTORNEY HOLDER, SHRI JAYPRAKASH JAGANNATH GIRME, MEGA SPACE 13, SOLAPUR BAZAR ROAD, OFF EAST STREET CAMP, PUNE-411001, MAHARASHTRA 25. RAJENDRA BABANRAO WATARE THROUGH THEIR POWER OF ATTORNEY HOLDER, SHRI JAYPRAKASH JAGANNATH GIRME, MEGA SPACE 13, SOLAPUR BAZAR ROAD, OFF EAST STREET CAMP, PUNE-411001, MAHARASHTRA 26. KANTABAI MURLIDHAR WATARE THROUGH THEIR POWER OF ATTORNEY HOLDER, SHRI JAYPRAKASH JAGANNATH GIRME, MEGA SPACE 13, SOLAPUR BAZAR ROAD, OFF EAST STREET CAMP, PUNE-411001, MAHARASHTRA 27. SHITAL MURLIDHAR WATARE THROUGH THEIR POWER OF ATTORNEY HOLDER, SHRI JAYPRAKASH JAGANNATH GIRME, MEGA SPACE 13, SOLAPUR BAZAR ROAD, OFF EAST STREET CAMP, PUNE-411001, MAHARASHTRA 28. SMITA MURLIDHAR WATARE THROUGH THEIR POWER OF ATTORNEY HOLDER, SHRI JAYPRAKASH JAGANNATH GIRME, MEGA SPACE 13, SOLAPUR BAZAR ROAD, OFF EAST STREET CAMP, PUNE-411001, MAHARASHTRA 29. ARCHANA MURLIDHAR WATARE THROUGH THEIR POWER OF ATTORNEY HOLDER, SHRI JAYPRAKASH JAGANNATH GIRME, MEGA SPACE 13, SOLAPUR BAZAR ROAD, OFF EAST STREET CAMP, PUNE-411001, MAHARASHTRA 30. NIVRUTTI GALANDE THROUGH THEIR POWER OF ATTORNEY HOLDER, SHRI JAYPRAKASH JAGANNATH GIRME, MEGA SPACE 13, SOLAPUR BAZAR ROAD, OFF EAST STREET CAMP, PUNE-411001, MAHARASHTRA 31. BALASAHEB TATYABA GALANDE THROUGH THEIR POWER OF ATTORNEY HOLDER, SHRI JAYPRAKASH JAGANNATH GIRME, MEGA SPACE 13, SOLAPUR BAZAR ROAD, OFF EAST STREET CAMP, PUNE-411001, MAHARASHTRA 32. VILAS TATYABA GALANDE THROUGH THEIR POWER OF ATTORNEY HOLDER, SHRI JAYPRAKASH JAGANNATH GIRME, MEGA SPACE 13, SOLAPUR BAZAR ROAD, OFF EAST STREET CAMP, PUNE-411001, MAHARASHTRA 33. VISHALI VIJAY GALANDE FOR SELF AND OUR CHILD THROUGH THEIR POWER OF ATTORNEY HOLDER, SHRI JAYPRAKASH JAGANNATH GIRME, MEGA SPACE 13, SOLAPUR BAZAR ROAD, OFF EAST STREET CAMP, PUNE-411001, MAHARASHTRA 34. JIJABAI TAYABA GALANDE THROUGH THEIR POWER OF ATTORNEY HOLDER, SHRI JAYPRAKASH JAGANNATH GIRME, MEGA SPACE 13, SOLAPUR BAZAR ROAD, OFF EAST STREET CAMP, PUNE-411001, MAHARASHTRA 35. PRAVATIBAI SUDAM NIMHAN THROUGH THEIR POWER OF ATTORNEY HOLDER, SHRI JAYPRAKASH JAGANNATH GIRME, MEGA SPACE 13, SOLAPUR BAZAR ROAD, OFF EAST STREET CAMP, PUNE-411001, MAHARASHTRA 36. VITHOBA GANPAT WATHARE THROUGH THEIR POWER OF ATTORNEY HOLDER, SHRI JAYPRAKASH JAGANNATH GIRME, MEGA SPACE 13, SOLAPUR BAZAR ROAD, OFF EAST STREET CAMP, PUNE-411001, MAHARASHTRA 37. LATA DATTATRAYA WATHARE THROUGH THEIR POWER OF ATTORNEY HOLDER, SHRI JAYPRAKASH JAGANNATH GIRME, MEGA SPACE 13, SOLAPUR BAZAR ROAD, OFF EAST STREET CAMP, PUNE-411001, MAHARASHTRA 38. SHRI DYANESHWAR VITHOBA WATHARE THROUGH THEIR POWER OF ATTORNEY HOLDER, SHRI JAYPRAKASH JAGANNATH GIRME, MEGA SPACE 13, SOLAPUR BAZAR ROAD, OFF EAST STREET CAMP, PUNE-411001, MAHARASHTRA 39. SHRI CHANDRAKANT VITHOBA WATHRE THROUGH THEIR POWER OF ATTORNEY HOLDER, SHRI JAYPRAKASH JAGANNATH GIRME, MEGA SPACE 13, SOLAPUR BAZAR ROAD, OFF EAST STREET CAMP, PUNE-411001, MAHARASHTRA 40. RAMDAS GENUJI KAWADE THROUGH THEIR POWER OF ATTORNEY HOLDER, SHRI JAYPRAKASH JAGANNATH GIRME, MEGA SPACE 13, SOLAPUR BAZAR ROAD, OFF EAST STREET CAMP, PUNE-411001, MAHARASHTRA 41. UJWALA RAMDAS KAWADE THROUGH THEIR POWER OF ATTORNEY HOLDER, SHRI JAYPRAKASH JAGANNATH GIRME, MEGA SPACE 13, SOLAPUR BAZAR ROAD, OFF EAST STREET CAMP, PUNE-411001, MAHARASHTRA 42. MEENAKSHI DAULATRAO GULVE THROUGH THEIR POWER OF ATTORNEY HOLDER, SHRI JAYPRAKASH JAGANNATH GIRME, MEGA SPACE 13, SOLAPUR BAZAR ROAD, OFF EAST STREET CAMP, PUNE-411001, MAHARASHTRA 43. BEENA RAMDAS KAWADE THROUGH THEIR POWER OF ATTORNEY HOLDER, SHRI JAYPRAKASH JAGANNATH GIRME, MEGA SPACE 13, SOLAPUR BAZAR ROAD, OFF EAST STREET CAMP, PUNE-411001, MAHARASHTRA 44. ABHIJIT RAM KAWADE THROUGH THEIR POWER OF ATTORNEY HOLDER, SHRI JAYPRAKASH JAGANNATH GIRME, MEGA SPACE 13, SOLAPUR BAZAR ROAD, OFF EAST STREET CAMP, PUNE-411001, MAHARASHTRA 45. LAXMAN GENJUJI KAWADE THROUGH THEIR POWER OF ATTORNEY HOLDER, SHRI JAYPRAKASH JAGANNATH GIRME, MEGA SPACE 13, SOLAPUR BAZAR ROAD, OFF EAST STREET CAMP, PUNE-411001, MAHARASHTRA 46. URMILA LAXMAN KAWADE THROUGH THEIR POWER OF ATTORNEY HOLDER, SHRI JAYPRAKASH JAGANNATH GIRME, MEGA SPACE 13, SOLAPUR BAZAR ROAD, OFF EAST STREET CAMP, PUNE-411001, MAHARASHTRA 47. KUMAR YUVRAJ LAXMAN KAWADE THROUGH THEIR POWER OF ATTORNEY HOLDER, SHRI JAYPRAKASH JAGANNATH GIRME, MEGA SPACE 13, SOLAPUR BAZAR ROAD, OFF EAST STREET CAMP, PUNE-411001, MAHARASHTRA 48. KUMAR YOGESH LAXMAN KAWADE THROUGH THEIR POWER OF ATTORNEY HOLDER, SHRI JAYPRAKASH JAGANNATH GIRME, MEGA SPACE 13, SOLAPUR BAZAR ROAD, OFF EAST STREET CAMP, PUNE-411001, MAHARASHTRA 49. YOGITA LAXMAN KAWADE THROUGH THEIR POWER OF ATTORNEY HOLDER, SHRI JAYPRAKASH JAGANNATH GIRME, MEGA SPACE 13, SOLAPUR BAZAR ROAD, OFF EAST STREET CAMP, PUNE-411001, MAHARASHTRA 50. DRAUPADA EKNATH KALE THROUGH THEIR POWER OF ATTORNEY HOLDER, SHRI JAYPRAKASH JAGANNATH GIRME, MEGA SPACE 13, SOLAPUR BAZAR ROAD, OFF EAST STREET CAMP, PUNE-411001, MAHARASHTRA 51. VASANTRAO GENUJI KAWADE THROUGH THEIR POWER OF ATTORNEY HOLDER, SHRI JAYPRAKASH JAGANNATH GIRME, MEGA SPACE 13, SOLAPUR BAZAR ROAD, OFF EAST STREET CAMP, PUNE-411001, MAHARASHTRA 52. MANGALA VASANTRAO KAWADE THROUGH THEIR POWER OF ATTORNEY HOLDER, SHRI JAYPRAKASH JAGANNATH GIRME, MEGA SPACE 13, SOLAPUR BAZAR ROAD, OFF EAST STREET CAMP, PUNE-411001, MAHARASHTRA 53. JAYASHRI VASANTRAO KAWADE THROUGH THEIR POWER OF ATTORNEY HOLDER, SHRI JAYPRAKASH JAGANNATH GIRME, MEGA SPACE 13, SOLAPUR BAZAR ROAD, OFF EAST STREET CAMP, PUNE-411001, MAHARASHTRA 54. GANESH VASANTRAO KAWADE THROUGH THEIR POWER OF ATTORNEY HOLDER, SHRI JAYPRAKASH JAGANNATH GIRME, MEGA SPACE 13, SOLAPUR BAZAR ROAD, OFF EAST STREET CAMP, PUNE-411001, MAHARASHTRA 55. MANISH VASANTRAO KAWADE THROUGH THEIR POWER OF ATTORNEY HOLDER, SHRI JAYPRAKASH JAGANNATH GIRME, MEGA SPACE 13, SOLAPUR BAZAR ROAD, OFF EAST STREET CAMP, PUNE-411001, MAHARASHTRA 56. BABURAO GENUJI KAWADE THROUGH THEIR POWER OF ATTORNEY HOLDER, SHRI JAYPRAKASH JAGANNATH GIRME, MEGA SPACE 13, SOLAPUR BAZAR ROAD, OFF EAST STREET CAMP, PUNE-411001, MAHARASHTRA 57. MUKTABAI BABURAO KAWADE THROUGH THEIR POWER OF ATTORNEY HOLDER, SHRI JAYPRAKASH JAGANNATH GIRME, MEGA SPACE 13, SOLAPUR BAZAR ROAD, OFF EAST STREET CAMP, PUNE-411001, MAHARASHTRA 58. PRATAP BABURAO KAWADE THROUGH THEIR POWER OF ATTORNEY HOLDER, SHRI JAYPRAKASH JAGANNATH GIRME, MEGA SPACE 13, SOLAPUR BAZAR ROAD, OFF EAST STREET CAMP, PUNE-411001, MAHARASHTRA 59. SUVARNA PRATAP KAWADE THROUGH THEIR POWER OF ATTORNEY HOLDER, SHRI JAYPRAKASH JAGANNATH GIRME, MEGA SPACE 13, SOLAPUR BAZAR ROAD, OFF EAST STREET CAMP, PUNE-411001, MAHARASHTRA 60. VANRAJ PRATAP KAWADE THROUGH THEIR POWER OF ATTORNEY HOLDER, SHRI JAYPRAKASH JAGANNATH GIRME, MEGA SPACE 13, SOLAPUR BAZAR ROAD, OFF EAST STREET CAMP, PUNE-411001, MAHARASHTRA 61. VIRAJ PRATAP KAWADE THROUGH THEIR POWER OF ATTORNEY HOLDER, SHRI JAYPRAKASH JAGANNATH GIRME, MEGA SPACE 13, SOLAPUR BAZAR ROAD, OFF EAST STREET CAMP, PUNE-411001, MAHARASHTRA 62. SHOBHA PRATAP KAWADE THROUGH THEIR POWER OF ATTORNEY HOLDER, SHRI JAYPRAKASH JAGANNATH GIRME, MEGA SPACE 13, SOLAPUR BAZAR ROAD, OFF EAST STREET CAMP, PUNE-411001, MAHARASHTRA 63. ASHOK BABURAO KAWADE THROUGH THEIR POWER OF ATTORNEY HOLDER, SHRI JAYPRAKASH JAGANNATH GIRME, MEGA SPACE 13, SOLAPUR BAZAR ROAD, OFF EAST STREET CAMP, PUNE-411001, MAHARASHTRA 64. GAURI ASHOK KAWADE THROUGH THEIR POWER OF ATTORNEY HOLDER, SHRI JAYPRAKASH JAGANNATH GIRME, MEGA SPACE 13, SOLAPUR BAZAR ROAD, OFF EAST STREET CAMP, PUNE-411001, MAHARASHTRA 65. RAVINDRA MAHADEO WATARE THROUGH THEIR POWER OF ATTORNEY HOLDER, SHRI JAYPRAKASH JAGANNATH GIRME, MEGA SPACE 13, SOLAPUR BAZAR ROAD, OFF EAST STREET CAMP, PUNE-411001, MAHARASHTRA 66. ISHWAR MAHADEO WATARE THROUGH THEIR POWER OF ATTORNEY HOLDER, SHRI JAYPRAKASH JAGANNATH GIRME, MEGA SPACE 13, SOLAPUR BAZAR ROAD, OFF EAST STREET CAMP, PUNE-411001, MAHARASHTRA 67. GAURAV ASHOK KAWADE THROUGH THEIR POWER OF ATTORNEY HOLDER, SHRI JAYPRAKASH JAGANNATH GIRME, MEGA SPACE 13, SOLAPUR BAZAR ROAD, OFF EAST STREET CAMP, PUNE-411001, MAHARASHTRA 68. SANGEETA ASHOK KAWADE THROUGH THEIR POWER OF ATTORNEY HOLDER, SHRI JAYPRAKASH JAGANNATH GIRME, MEGA SPACE 13, SOLAPUR BAZAR ROAD, OFF EAST STREET CAMP, PUNE-411001, MAHARASHTRA 69. DEEPAK BABURAO KAWADE THROUGH THEIR POWER OF ATTORNEY HOLDER, SHRI JAYPRAKASH JAGANNATH GIRME, MEGA SPACE 13, SOLAPUR BAZAR ROAD, OFF EAST STREET CAMP, PUNE-411001, MAHARASHTRA 70. KUMAR KIRAN DEEPAK KAWADE THROUGH THEIR POWER OF ATTORNEY HOLDER, SHRI JAYPRAKASH JAGANNATH GIRME, MEGA SPACE 13, SOLAPUR BAZAR ROAD, OFF EAST STREET CAMP, PUNE-411001, MAHARASHTRA 71. KIRAN DEEPAK KAWADE THROUGH THEIR POWER OF ATTORNEY HOLDER, SHRI JAYPRAKASH JAGANNATH GIRME, MEGA SPACE 13, SOLAPUR BAZAR ROAD, OFF EAST STREET CAMP, PUNE-411001, MAHARASHTRA 72. JYOTI DEEPAK KAWADE THROUGH THEIR POWER OF ATTORNEY HOLDER, SHRI JAYPRAKASH JAGANNATH GIRME, MEGA SPACE 13, SOLAPUR BAZAR ROAD, OFF EAST STREET CAMP, PUNE-411001, MAHARASHTRA 73. MANDAKINI SHRAVAN SHINDE THROUGH THEIR POWER OF ATTORNEY HOLDER, SHRI JAYPRAKASH JAGANNATH GIRME, MEGA SPACE 13, SOLAPUR BAZAR ROAD, OFF EAST STREET CAMP, PUNE-411001, MAHARASHTRA 74. TUKARAM GENUJI KAWADE THROUGH THEIR POWER OF ATTORNEY HOLDER, SHRI JAYPRAKASH JAGANNATH GIRME, MEGA SPACE 13, SOLAPUR BAZAR ROAD, OFF EAST STREET CAMP, PUNE-411001, MAHARASHTRA 75. PUSHPATAI TUKARAM KAWADE THROUGH THEIR POWER OF ATTORNEY HOLDER, SHRI JAYPRAKASH JAGANNATH GIRME, MEGA SPACE 13, SOLAPUR BAZAR ROAD, OFF EAST STREET CAMP, PUNE-411001, MAHARASHTRA 76. CHETAN TUKARAM KAWADE THROUGH THEIR POWER OF ATTORNEY HOLDER, SHRI JAYPRAKASH JAGANNATH GIRME, MEGA SPACE 13, SOLAPUR BAZAR ROAD, OFF EAST STREET CAMP, PUNE-411001, MAHARASHTRA 77. DNYESHWAR TUKARAM KAWADE THROUGH THEIR POWER OF ATTORNEY HOLDER, SHRI JAYPRAKASH JAGANNATH GIRME, MEGA SPACE 13, SOLAPUR BAZAR ROAD, OFF EAST STREET CAMP, PUNE-411001, MAHARASHTRA 78. MAULI KHANDU WATARE THROUGH THEIR POWER OF ATTORNEY HOLDER, SHRI JAYPRAKASH JAGANNATH GIRME, MEGA SPACE 13, SOLAPUR BAZAR ROAD, OFF EAST STREET CAMP, PUNE-411001, MAHARASHTRA 79. RAVINDRA HIRAMAN WATARE THROUGH THEIR POWER OF ATTORNEY HOLDER, SHRI JAYPRAKASH JAGANNATH GIRME, MEGA SPACE 13, SOLAPUR BAZAR ROAD, OFF EAST STREET CAMP, PUNE-411001, MAHARASHTRA 80. HIRAMAN HARIBHAU WATARE THROUGH THEIR POWER OF ATTORNEY HOLDER, SHRI JAYPRAKASH JAGANNATH GIRME, MEGA SPACE 13, SOLAPUR BAZAR ROAD, OFF EAST STREET CAMP, PUNE-411001, MAHARASHTRA 81. KHANDU HIRAMAN WATARE THROUGH THEIR POWER OF ATTORNEY HOLDER, SHRI JAYPRAKASH JAGANNATH GIRME, MEGA SPACE 13, SOLAPUR BAZAR ROAD, OFF EAST STREET CAMP, PUNE-411001, MAHARASHTRA 82. MAHADEO SHANKAR WATARE THROUGH THEIR POWER OF ATTORNEY HOLDER, SHRI JAYPRAKASH JAGANNATH GIRME, MEGA SPACE 13, SOLAPUR BAZAR ROAD, OFF EAST STREET CAMP, PUNE-411001, MAHARASHTRA 83. PHULABAI MAHADEO WATARE THROUGH THEIR POWER OF ATTORNEY HOLDER, SHRI JAYPRAKASH JAGANNATH GIRME, MEGA SPACE 13, SOLAPUR BAZAR ROAD, OFF EAST STREET CAMP, PUNE-411001, MAHARASHTRA 84. KUSUM SURESH NIGADE THROUGH THEIR POWER OF ATTORNEY HOLDER, SHRI JAYPRAKASH JAGANNATH GIRME, MEGA SPACE 13, SOLAPUR BAZAR ROAD, OFF EAST STREET CAMP, PUNE-411001, MAHARASHTRA 85. VIJAY NIVRUTTI GALANDE THROUGH THEIR POWER OF ATTORNEY HOLDER, SHRI JAYPRAKASH JAGANNATH GIRME, MEGA SPACE 13, SOLAPUR BAZAR ROAD, OFF EAST STREET CAMP, PUNE-411001, MAHARASHTRA 86. SHAMRAO MAHADEO WATARE THROUGH THEIR POWER OF ATTORNEY HOLDER, SHRI JAYPRAKASH JAGANNATH GIRME, MEGA SPACE 13, SOLAPUR BAZAR ROAD, OFF EAST STREET CAMP, PUNE-411001, MAHARASHTRA 87. SHRI RAMDAS MAHADEO WATARE THROUGH THEIR POWER OF ATTORNEY HOLDER, SHRI JAYPRAKASH JAGANNATH GIRME, MEGA SPACE 13, SOLAPUR BAZAR ROAD, OFF EAST STREET CAMP, PUNE-411001, MAHARASHTRA 88. VITHOBA GANPAT WATARE THROUGH THEIR POWER OF ATTORNEY HOLDER, SHRI JAYPRAKASH JAGANNATH GIRME, MEGA SPACE 13, SOLAPUR BAZAR ROAD, OFF EAST STREET CAMP, PUNE-411001, MAHARASHTRA 89. LATA DATTATRAYA WATARE THROUGH THEIR POWER OF ATTORNEY HOLDER, SHRI JAYPRAKASH JAGANNATH GIRME, MEGA SPACE 13, SOLAPUR BAZAR ROAD, OFF EAST STREET CAMP, PUNE-411001, MAHARASHTRA 90. CHANDRAKANT VITHOBA WATARE THROUGH THEIR POWER OF ATTORNEY HOLDER, SHRI JAYPRAKASH JAGANNATH GIRME, MEGA SPACE 13, SOLAPUR BAZAR ROAD, OFF EAST STREET CAMP, PUNE-411001, MAHARASHTRA 91. DNYANESHWAR VITHOBA WATARE THROUGH THEIR POWER OF ATTORNEY HOLDER, SHRI JAYPRAKASH JAGANNATH GIRME, MEGA SPACE 13, SOLAPUR BAZAR ROAD, OFF EAST STREET CAMP, PUNE-411001, MAHARASHTRA 92. YAMUNA BAI BABANRAO KAWADE THROUGH THEIR POWER OF ATTORNEY HOLDER, SHRI JAYPRAKASH JAGANNATH GIRME, MEGA SPACE 13, SOLAPUR BAZAR ROAD, OFF EAST STREET CAMP, PUNE-411001, MAHARASHTRA 93. BALASAHEB BABANRAO KAWADE THROUGH THEIR POWER OF ATTORNEY HOLDER, SHRI JAYPRAKASH JAGANNATH GIRME, MEGA SPACE 13, SOLAPUR BAZAR ROAD, OFF EAST STREET CAMP, PUNE-411001, MAHARASHTRA 94. DATTATRAYA BABANRAO KAWADE THROUGH THEIR POWER OF ATTORNEY HOLDER, SHRI JAYPRAKASH JAGANNATH GIRME, MEGA SPACE 13, SOLAPUR BAZAR ROAD, OFF EAST STREET CAMP, PUNE-411001, MAHARASHTRA 95. LATA MARUTI KHULE THROUGH THEIR POWER OF ATTORNEY HOLDER, SHRI JAYPRAKASH JAGANNATH GIRME, MEGA SPACE 13, SOLAPUR BAZAR ROAD, OFF EAST STREET CAMP, PUNE-411001, MAHARASHTRA 96. MANGALA VIKAS GHULE THROUGH THEIR POWER OF ATTORNEY HOLDER, SHRI JAYPRAKASH JAGANNATH GIRME, MEGA SPACE 13, SOLAPUR BAZAR ROAD, OFF EAST STREET CAMP, PUNE-411001, MAHARASHTRA ...........Respondent(s)
BEFORE: HON'BLE MR. PREM NARAIN,PRESIDING MEMBER
For the Petitioner : Mr. Satyavikram Jagtap, Advocate
Ms. Lekha G.V., Advocate For the Respondent :
Dated : 25 May 2018 ORDER
This revision petition has been filed by the petitioner Palm Groves Co-operative Housing Society Ltd. against the order dated 10.10.2017 of the State Consumer Disputes Redressal Commission, Haryana (in short 'the State Commission') passed in Appeal No.RBT/A/16/627.
2. The petitioner is a co-operative housing society registered under the provisions of the Maharashtra Co-operative Societies Act, 1960, comprising of several flat-purchasers in the housing project called 'Palm Groves', which was developed and constructed by the Respondent No.I, who are the promoters and builders of the said project. The respondent No.II are collectively the owners of the property upon which the said Palm Groves project was developed and constructed.
3. Brief facts of the case are that the petitioner herein filed a complaint No.35 of 2005 before the District Consumer Disputes Redressal Forum, Pune (in short 'the District Forum') against the opposite party No.1/respondent No.1 and opposite party II/respondent No.II. This complaint was filed alleging certain defects in the flats developed by the builder and handed over to the members of the complainant Society. The District Forum vide its order dated 16.03.2007 allowed the complaint by passing the following order:-
"The complaint is partly allowed.
The opposite party No.1 is directed to execute the conveyance deed in favour of the Complainant Society, in terms of agreement dt. 28/6/1999. In executing the Conveyance Deed, the Opposite party No.I should take into consideration the observations of the Forum made in the body of the judgment regarding common facilities and amenities. The Opposite Party No.I is also directed to hand over relevant papers regarding formation of society and lift plans, drainage, plumbing etc. The Opposite Party No.I is further directed to pay compensation of Rs.5,00,000/- to the complainant Society.
The Opposite Party No.96 to 102, contributing in equal proportion, are directed to pay compensation of Rs.2,00,000/- to the Complainant Society.
It is declared that all the unit holders Apartment, Duplex Houses and Bungalows owners have equal right of enjoyment in the common facilities & amenities, as indicated above. But it is made clear that these facilities & amenities can be used only on payment of fees or regular subscriptions as may be fixed by the Complainant Society. The management of the facilities & amenities shall remain with the complainant society and the said society has an authority to levy and recover such fees or periodical subscriptions.
Each of the Opposite Party is directed to pay cost of Rs.500/- to the Complainant Society.
The directions given above shall be implemented within a period of two months from the date of receipt of this order.
All the interim application stand rejected. Similarly, rest of the claims stand rejected."
4. Aggrieved with the above order of the District Forum, the opposite parties preferred appeal bearing No.A/07/421 before the State Commission and the State Commission vide its order dated 16.04.2007, admitted the above appeal only with regard to quantum of compensation and cost. It further directed the petitioner Society to place on record proof of expenses incurred by it to remove the deficiencies. Accordingly the proof was filed by the complainant, however State Commission vide its order dated 02.04.2014 allowed appeal by setting aside compensation of Rs.5,00,000/- awarded by the District Forum. Then the complainant/petitioner preferred the revision petition No.3121 of 2014. This Commission vide order dated 05.05.2016 set aside the order dated 02.04.2014 and remanded the matter to the State Commission with following direction:-
"It is submitted that additional documents regarding proof of expenses incurred were placed before the State Commission but the State Commission has failed to consider that evidence. It is further submitted that even a reply was filed by OP No.1. As the State Commission after calling for additional documents has failed to consider it, the impugned order qua OP No.1 cannot be sustained. It is accordingly set aside and the matter is remanded back to the State Commission to decide the appeal after considering the additional documents and response, if any by OP No.1. Parties to appear before the State Commission on 10.06.2016."
5. The State Commission again considered the appeal of the Respondent No.I/opposite party No. I and passed the impugned order dated 10.10.2017 as under:-
"According to the Society there was quotation from S.S. Bhati, Contractor and supplier for sum of Rs.13,86,000/- which is nothing but estimate of expenses (page-377-378), Electrician quoted sum of Rs.32,950/- (page-379), Tax invoice dated 10/08/2006 for sum of Rs.78,665/-. We do not find the exact evidence led as to actual payments made by the Society to cure the deficiencies in services to the flat purchasers. In our view, therefore, we must restore the original order passed by the Learned Forum below as to Compensation ordered in the sum of Rs.Five Lakhs which was considered as apt in the facts and circumstances of the case by the Learned Forum below with liberty for the Learned Forum below to fix the additional costs and compensation if any, after notice to the all interested parties and include the sum of compensation accordingly in the final order as payable to the Society from the OP so as to cure all the deficiencies in the matter of essential services and facilities to be made available for the flat purchasers in the buildings of the Society. Parties shall approach the Learned Forum below on 31st October 2017 at 10.30 a.m. We direct Learned District forum below to receive the evidence as to actual expenses incurred by the Society so as to compensate the same adequately (based on actual expenses incurred) to the society from the OPs. Appeal is disposed of accordingly. Copies of the order be furnished to the parties."
6. Aggrieved by the above order, the present revision petition has been filed by the petitioner/complainant.
7. Heard the learned counsel for the petitioner at the admission stage.
8. Learned counsel for the petitioner stated that this Commission had remanded the matter to the State Commission for deciding the quantum of the compensation after considering the documents and proof of payment filed by the petitioner, which were not considered earlier by the State Commission. The learned counsel for the petitioner argued that the State Commission has only considered three or four documents as listed in its order and has treated them only estimates, but has not considered the other evidence/proof of payments, which were actually made and the same were filed as the proof of actual expenditure. It was requested that as the order of this Commission has not been fully complied with by the State Commission, the order of the State Commission be set aside and the matter either be remanded to the State Commission or matter be decided by this Commission.
9. I have carefully considered the arguments advanced by the learned counsel for the petitioner and have examined the record. In this revision petition, the main question is regarding compensation. The District Forum had awarded a compensation of Rs.5,00,000/- to the complainant and the complainant did not prefer any appeal against that order dated 16.03.2007 of the District Forum. Hence the order of the District Forum dated 16.03.2007 has become final qua the complainant. The State Commission in the impugned order dated 10.10.2017 has restored and upheld the compensation of Rs.5,00,000/- as awarded by the District Forum to be given to the complainant and has additionally referred the matter to the District Forum for deciding any additional compensation based on actual bills of payments to be paid to the complainant. As the original order of the District Forum has been maintained by the order dated 10.10.2017 of the State Commission and moreover the matter will now be dealt by the District Forum to see whether any additional compensation becomes payable to the complainant on the basis of the documents filed by the complainant, I do not find any merit in the contention of the learned counsel for the petitioner for remanding the matter to the State Commission or to get it decided by this Commission, as there seems to be no reason for any grievance on the part of the complainant/petitioner. In a way it will be better and more procedural that the question of additional compensation should be decided by the District Forum as the documents being relied by the petitioner society were filed with the State Commission and the other petitioner did not get any opportunity to challenge the same. Thus, the State Commission has rightly remanded the matter for deciding any additional compensation and cost to the trial forum i.e. the District Forum. From this angle also, I do not find any error in the order of the State Commission.
10. Based on the above discussion, I do not find any illegality, material irregularity or jurisdictional error in the order dated 10.10.2017 of the State Commission, which calls for any interference from this Commission. Accordingly, the revision petition is dismissed at the admission stage.
...................... PREM NARAIN PRESIDING MEMBER