Court : Maharashtra State Consumer Disputes Redressal Commission SCDRC Mumbai
..... [29] it is also a grievance of the complainants that the conveyance deed as yet has not been executed in favour of the society and, therefore, there is serious violation as per sections 10 and 11 of the maharashtra ownership flats act, 1963 on the part of the builder/developer and, therefore, the builder/developer is liable to pay compensation @ rs.500/- per day. ..... [21] we have already mentioned above that we had permitted the complainants to file a representative complaint under section-12(1)(c) of the consumer protection act, 1986 but, on 11/7/2011, the complainant no.1 filed a pursis in writing under his signature and informed this commission that the complainants would be proceeding with their individual grievances only and not for any representative ..... according to the complainants, the builder/developer has failed to comply with the statutory provisions amounting to violation of sections 10 and 11 of the maharashtra ownership flats act, 1963 and, therefore, the builder/developer is liable to pay compensation @ rs.500/- per day. ..... [19] initially, on 3/9/2010, permission was sought by the complainants to file this complaint under section-12(1)(c) of the consumer protection act, 1986 since interests of other flat-purchasers were also being affected by the acts and omissions on the part of the builder/developer. ..... so, whole paragraph in the complaint with reference to section-20 of the urban land ceiling act is rendered illogical and redundant. .....
Tag this Judgment!Court : Maharashtra State Consumer Disputes Redressal Commission SCDRC Mumbai
..... it is contended by the opposite party that the govt.of maharashtra has declared the opposite party as relief undertaking under provisions of bombay relief undertaking (special provisions) act of 1958 by extra ordinary notification dated 04/02/2000 and therefore, no proceeding could be initiated against the opposite party. ..... it is obligatory upon the builder under the said act to execute proper agreement with the complainant. ..... reported in 2002 (4) all mr journal, has held that in view of 1993 amendment to the consumer protection act, 1986 being central act and a special statute for protecting consumer prevails over the state act. ..... consumer protection act, 1958 is a central act. ..... opposite party had to complete the process of documentation as mandated by maharashtra ownership flats act, 1963. .....
Tag this Judgment!Court : Maharashtra State Consumer Disputes Redressal Commission SCDRC Mumbai
..... the offence punishable under section 138 read with 141 of negotiable instruments act and the act was duly proved and the opponents/accused were convicted. ..... it is clear that complaint cases filed against opponents for the offence punishable under section 138 of negotiable instruments act were filed by complainant-mahendrakumar gandhi. ..... of 14th court, girgaon under section 138 of negotiable instruments act as per case no.1880 of 1999. ..... to appreciate this fact, let us turn to decision passed in criminal complaint filed under section 138 of negotiable instruments act against the opponents. ..... complaint is filed under section 17 of consumer protection act, 1986 by alleging deficiency in service against opponents. ..... doshi and accused-shri hemant bhailal kamdar, accused-m/s.akta builders and developers were convicted for the offence punishable under section 138 and 141 of negotiable instruments act. ..... present transaction is a business transaction for resale and profit and therefore, does not fall within jurisdiction of consumer protection act, 1986. .....
Tag this Judgment!Court : Maharashtra State Consumer Disputes Redressal Commission SCDRC Mumbai
..... johny and even filed a complaint of misappropriation and also filed a dispute under section 91 of the maharashtra co-operative societies act, bearing dispute no.5 before the judge of co-operative court at mumbai. ..... for which additional construction if made, the complainant can be accommodated, but it has many hurdles and today, when we sit here to settle the dispute, we cannot act on such expectation to give any direction to provide another accommodation in lieu of allotted flat no.702 to the complainant. ..... he is not expelled from the membership and as such a reference to provision of section 35 of the maharashtra co-operative societies act is not relevant. 14. ..... complainant vis- -vis deficiency in service on account of not following the prescribed procedure for cancellation of the allotment and further not communicating the same as required to the complainant; it would be appropriate to compensate the complainant in terms of section 14(1)(d) of the consumer protection act, 1986. ..... in these circumstances, it is for the complainant to think and act accordingly to resign from the membership of the society. ..... we cannot, in a consumer complaint, balance equities between first allottee and subsequent allottee, (ass could be done under specific relief act, 1963). ..... this agreement is not in dispute though it is alleged that it is not registered, it should not be acted upon. .....
Tag this Judgment!Court : Maharashtra State Consumer Disputes Redressal Commission SCDRC Mumbai
..... [4] as per definition of complainant embodied in section-2(1)(b)(iii) of the consumer protection act, 1986 (hereinafter referred to as the act for the sake of brevity) since the present complaint deals with deficiency in service on the part of the builder to execute the conveyance, the society is rightly described as the complainant ..... further, referring to definition of deficiency as embodied in section-2(1)(g) of the act, it means any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to be maintained by or under any law for the time being in force or has been undertaken to be performed by a person in pursuance of a contract or ..... another submission made is that since the society wants to exercise a statutory right carved in its favour as per section-11 of the mofa, it is only the civil court which could entertain a dispute pertaining to the same. ..... [7] it may not be out of place to mention here that referring to section-11 of the mofa and rule-9 of the rules vis- -vis entire scheme of the mofa, what is contemplated is certainty of a date agreed upon by the parties by which the conveyance is to be executed and only in that circumstance it could be ..... , being a public limited company is a legal person and, as alleged, it failed to execute the conveyance, as per their contractual and/or statutory obligation under the mofa, in favour of the society which is a person within the meaning of section-2(1)(m)(iii) of the act. .....
Tag this Judgment!Court : Maharashtra State Consumer Disputes Redressal Commission SCDRC Mumbai
..... entering into a separate agreement with the society no.i for definition and maintenance of common areas jointly. ..... [12] now, the question arises before us whether the fora constituted under the consumer protection act, 1986 have a power to declare a conveyance deed, which is already executed, as null and void? ..... , issued by sub-registrar of cooperative societies under the maharashtra cooperative societies act, 1960 is also produced. ..... , vide a sale deed dated 17/10/2006, now there arises no question of setting aside that sale deed or declaring it as null and void by the fora constituted under the consumer protection act, 1986. .....
Tag this Judgment!Court : Maharashtra State Consumer Disputes Redressal Commission SCDRC Mumbai
..... the ld.advocate for the complainant has drawn our attention to the provisions of section 6 of the mofa which casts duty on the opponent to pay for property taxes and other outgoings (including ground rent monthly or other taxes, taxes on income, water taxes, electricity charges, revenue assessment, ..... in totality we are of the opinion that the complainant has made out a case of deficiency in service against the opponent builder developer for their failure to discharge the statutory obligations under section 6 and 11 of the mofa 1963 r/w rules 8 and 9 of the mofa 1964. ..... further, as rightly pleaded by the complainants, statutory obligation under section 11 of the mofa to execute conveyance deed has not been discharged ..... remain present and could not file written version, therefore, the complaint case was ordered to be proceeded ex-parte and the complainant was directed to file affidavit in lieu of evidence under the provisions of section 13(2) (b) (ii) and 13(4) of the consumer protection act, 1986. ..... as rightly pleaded by the complainants, provisions of section 6 of the mofa are squarely applicable in this case for the neglect and failure of the opponents to discharge their duty to transfer rights, title and interest in the property by ..... amended with the permission of this commission to correct the cause title of the complainant since complainant is a registered co.operative housing society having legal entity under the provisions of section 2(1)(m) of the consumer protection act. 3. .....
Tag this Judgment!Court : Maharashtra State Consumer Disputes Redressal Commission SCDRC Mumbai
..... honble high court relied upon the provisions of section 7-a of the maharashtra ownership flats (regulations of the promotion of construction, sale, management and transfer) act, 1963 and so, applied ruling of the supreme court given in the case of jayantilal, mentioned supra. ..... in jayantilal case, the supreme court held that the above condition of true and full disclosure flows from the obligation of the promoter under mofa vide sections 3 and 4 and form v which prescribes the form of agreement to the extent indicated above. ..... as stated above, sub-section (1-a) to section 4 was also introduced by the legislature by maharashtra act 36 of 1986 under which the promoter is bound to enter into agreements with the flat takers in the prescribed form. ..... the supreme court also considered the object behind all the amendment of section 7(1)(ii) and insertion of section 7-a in the maharashtra ownership flats (regulations of the promotion of construction, sale, management and transfer) act, 1963 vide maharashtra act 36 of 1986. ..... in view of insertion of section 7-a to maharashtra ownership flats (regulations of the promotion of construction, sale, management and transfer) act, 1963, plea of consent of flat owners was not obtained was not tenable in law. ..... by insertion of section 7-a by maharashtra act 36 of 1986, the legislature had made it clear that the consent of flat takers was never the criteria applicable to the construction of additional buildings by the promoters. .....
Tag this Judgment!Court : Maharashtra State Consumer Disputes Redressal Commission SCDRC Mumbai
..... , the appellant/opponent no.1 is trying to raise a question that the premises in respect of which the consumer complaint has been filed is the commercial premises and such, consumer complaint is not tenable under the consumer protection act, 1986. .....
Tag this Judgment!Court : Maharashtra State Consumer Disputes Redressal Commission SCDRC Mumbai
..... further, the respondent/original opponent society raised a contention to the effect that the appellant/original complainant is not a consumer within the meaning of provisions of the consumer protection act, 1986 and the action on the part of the respondent/original opponent society does not fall within the ambit of definition of deficiency in service as the appellant/original complainant herself is a defaulter of the respondent/original opponent societys dues. ..... society, evidence filed on affidavits by both the parties and pleadings of the advocates came to a conclusion that there is no deficiency in service on the part of the respondent/original opponent society and mainly relying on the proceedings under section-101 of the maharashtra co-operative societies act, 1960 had dismissed the complaint. ..... to deposit an amount of rs.4,00,000/- by way of interest accumulated on account of non-payment of calls on the part of her deceased mother and the respondent/original opponent society had initiated a proceeding against the appellant/original complainant under section-101 of the maharashtra co-operative societies act, 1960 before the district deputy registrar of co-operative societies. ..... the district deputy registrar of co-operative societies in turn, set aside proceeding under section-101 of the maharashtra co-operative societies act, 1960. .....
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