Judgment:
Per Shri S.R. Khanzode, Honble Presiding Judicial Member
Heard both sides simultaneously on a point for staying the matter in view of Notification No.BRU.2009/CR (204/09)/Ind.10 dated 26th May 2009 issued by Industries, Energy and Labour Department, Mantralaya, Mumbai-400 032 and published in Maharashtra Government Gazette Extra-ordinary Part I-L dated May 26, 2009 and as well as on merit.
Both these complaints arise out of deficiency in service on account of builder/developer failing to hand over possession of the flat and for compensation for delayed delivery and on other counts. Certainly, therefore such deficiency in service relates to rights, privileges, obligations or liabilities arising out of agreement to purchase the flat and against those rights, privileges, obligations and liabilities are incurred related to Lok Housing and Construction Ltd., which is an industrial undertaking. Action relating to above referred rights, privileges, obligations and liabilities are required to be stayed in view of Notification referred above.
Honble National Commission in First Appeal No.374/2002 Lok Housing and Constructions V/s. A.M Parab by its order dated 27/07/2004 has also taken a similar view. Issues involved are identical. Hence, we pass the following order :-
Order:
1. Complaint Nos.65 and 66/2008 are stayed till the Notification dated 26/05/2009 is in force i.e. till the period 25th May 2010. If there is any change in this situation by cancellation, alteration or issue of any other notification on the issue, both parties shall at once inform this Commission accordingly.
2. This order be communicated to both the parties.