disposed of by this common order as common question of
law & facts is involved in them.
2. The
common case of these complainants ... made
common prayer in all four complaints that the original O.P. may be directed to
execute registered sale-deed of their respective plots
Versus
1. Palm Groves
Cooperative Housing Society Ltd.,
Having its office
at:-
Plot No.49, B. T. Kawade Road,
Ghorpadi, Pune ... 2003. Said scheme being a composite scheme,
common amenities are also in composite.
Common amenities are provided as per the list of the amenities attached
offered the vacant land for residential flat, bungalow, commercial
plot and commercial complex with common facilities, namely, plenty of plants,
flowers, childrens park, meditation centre ... Schedule
plot from the brochure. The Complainants
have enough reasons to believe that B group residential plot was certainly
amalgamated with other plots of higher
apartments and bungalows
and the plot-owners and all other unit holders have right to use common
areas, facilities and open spaces.
[4] During ... owners of the bungalows and plots in the said scheme. They also had staked claim on common
amenities and facilities. They filed
their affidavit
common areas and facilities in the above plot and also in limited common
area as facilities, as under:-
i.
Paving around the building
These
two appeals are being disposed of by this common order as common question of
law and facts is involved in them. They are preferred ... common submission
in both these appeals. His argument is summarized point wise as follows.
i.
The complainant did not implead the
owners of the plot
Edward Sheelam
Aged about 34 years, occ :
service
R/o Plot no. 504, Archana Aparments,
Golconda X roads,
Hyderabad , rep. by her GPA holder ... appeals being the same, both appeals are disposed of by common
order. F.A.No. 63 of 2012 is taken as lead case
that in view of the
matter, when a person purchases the plots or flats from the developer , he/she
as the case ... favour of the complainants.
11. Since
points 2 and 3 need common discussion, they are taken up to answer together. The
main contention
pertaining to the said plot and the said Magnum Sea View building
alongwith the undivided right to all the common spaces and amenities and
utilities
plot
in response to an advertisement by the opponent in newspaper dated
24/10/1983 to tab the interest of common man for Housing project ... year 1987 to deposit 10% of the cost of the plot. Accordingly, the
complainant paid deposit of `500/-.
The complainant paid 25% of the cost
