Court : Maharashtra State Consumer Disputes Redressal Commission SCDRC Mumbai
..... matter is remitted back to forum below, which shall give proper opportunity to both the sides to raise appropriate pleadings and then to lead evidence as per provisions of section 13 of consumer protection act, 1986 and then settle the dispute according to law. 4. ..... this appeal arises out of order/award dated 27/06/2008 passed in consumer complaint no.54/2008 m/s.krishna enterprises v/s. ..... impugned order/award dated 27/06/2008 stands set aside. 3. ..... the delay being unintentional and satisfactorily explained, we allow application no.2114/2008 for condonation of delay. ..... no.2115/2008, which is for stay stands disposed of as infructuous. 7. ..... no.2114/2008 for condonation of delay is allowed. .....
Tag this Judgment!Court : Maharashtra State Consumer Disputes Redressal Commission SCDRC Mumbai
..... flat to the 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 ..... 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. ..... new delhi bearing no.428/2000, but finding the claim made unrealistic and unreasonable, the same was returned for correction to the valuation of the pecuniary jurisdiction and to file it before the appropriate consumer forum. ..... 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. ..... , it is for the complainant to think and act accordingly to resign from the membership of the society ..... 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. ..... a consumer complaint, balance equities between first allottee and subsequent allottee, (ass could be done under specific relief act, 1963). ..... 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
..... pleaded that complainant is fully aware that his transaction with the opponents was monetary one and since entire loan amount has been returned the complainant has taken shelter under consumer protection act, 1986 on the alleged agreement of sale of flat issued to him as a collateral security of the loan amount advanced by him and just to harass them he had filed consumer complaint though there was no deficiency in service on ..... according to the o.p.s inspite of appropriate authority releasing the said property in favour of opponents by order dated 27th november, 1990, the complainant failed and neglected to pay balance of consideration amount as well as subsequent instalments in view of the understanding between the ..... the appropriate authority purchased the said land for central government of india for a sum of rs.1,98,23,738/- which was the amount of consideration for the transfer of said property by m/s.amritlal chamoux limited to the 1st ..... not doing so, the o.ps were guilty of deficiency in service within a meaning of sec.2(1)(g) of the consumer protection act and therefore he is entitled to file consumer complaint and to get reliefs from this commission. ..... he is de jure developer and de facto property agent who acts on behalf of buyers and sellers and therefore he is not a ..... the consumer protection act can not be pressed into service for the benefit of such complainant who is content with getting executed back dated agreement during the pendency of civil suit between the parties .....
Tag this Judgment!Court : Maharashtra State Consumer Disputes Redressal Commission SCDRC Mumbai
..... as per section-14(1)(d) of the said act it is for the consumer forum to award appropriate amount by way of compensation to a consumer for any loss or injury suffered by him due to negligence on the part of the opposite ..... be further declared and ordered that the suit agreement dated 04.08.3005 executed and registered under section 4 of the maharashtra ownership of flats act, is valid, subsisting and binding upon the o.ps. ..... guilty of unfair/unethical trade practices and have committed breach of the provisions of section 3, 4 and 7 of the maharashtra ownership of flats act and thus guilty of deficiency in service; b. ..... compensation of rs.15,00,000/- towards the differential amount required for fresh booking of a flat in the vicinity and inclusive of mental agony caused to them by wrongful termination and other arbitrary acts amounting to deficiency in service; e. ..... termination of the suit agreement, mental agony and harassment caused to the complainants and for the wrongful acts amounting to deficiency in services;g. ..... and another ~ i-(1992)-cpj-47-(nc); observed that the reliefs which a consumer forum can grant are specified in section-14 of the consumer protection act, 1986. ..... tried to take a plea that case involves complicated questions of law and hence does not fall under the purview of the consumer protection act, 1986. ..... further contended that the opponents have made alterations in the sanctioned plan and violated the provisions of section-7 of the maharashtra ownership flats act, 1963. .....
Tag this Judgment!Court : Maharashtra State Consumer Disputes Redressal Commission SCDRC Mumbai
..... when patient returned after few months with detachment appropriate measures were instituted. ..... only peeling of the membrane was done during this procedure which was appropriate procedure. ..... nagpal on 06.05.1995 and acting upon the said letter and other annexures he was approaching this commission for redressal of his grievances. ..... 26 of the consumer protection act. .....
Tag this Judgment!Court : Maharashtra State Consumer Disputes Redressal Commission SCDRC Mumbai
..... , has any objection or grievances in respect of sale deed dated 17/10/2006, it has an appropriate remedy before the civil court to file a civil suit seeking for a declaration that sale deed dated 17/10/2006 executed in favour of palm groves bungalows cooperative society ltd. ..... [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
..... therefore, the direction given by the forum that it would be appropriate if the builder is directed to bear these expenses cannot be faulted with. ..... mcgm did not withhold the occupancy certificate on that count but is an act on the part of the builder contrary to the provisions of section-3 of the maharashtra ownership flats (regulation of the promotion of construction, sale, management and transfer) act, 1963 (hereinafter referred to as the mofa for the sake of brevity), since the builder allowed the flat-purchasers to occupy the building, said unauthorized occupation was sought to be regularized in the manner spelt out in the ..... , ~ (2008)-10-scc-345, it is for the builder to do everything in order to obtain the occupancy certificate and payment of such charges is one of those obligations of the builder to discharge before getting the occupancy certificate. .....
Tag this Judgment!Court : Maharashtra State Consumer Disputes Redressal Commission SCDRC Mumbai
..... central government, of any suit or proceeding which is not collusive and in which any right to immovable property is directly and specifically in question, if a notice of the pendancy of such suit or proceeding is registered under section 18 of the indian registration act, 1908, the property after the notice is so registered cannot be transferred or otherwise dealt with by any party to the suit or proceeding so as to affect the rights of any other party thereto under any decree or order which may ..... legal recourse, lay hands on the property which is subject matter of this consumer dispute, namely, flat no.8 and shop no.5; attached the same and thereafter gave permission to the builder to sell the same (builder acting for itself and also as power of attorney for the complainant) and gave further direction to the builder to deposit entire proceeds with the authorities towards dues recoverable from the complainant. ..... the complainant may pursue his appropriate regular remedies as available to him before civil court, criminal court or even before high court to get relief against the enforcement agency ..... judicial member (1) the above referred three appeals are disposed by this common order since they arise out of identical facts inter-connected with each are and out of one and same order dated 18/11/2008 passed in consumer complaint no.269/01, dr.uday ganpatrao naik and ors. ..... 2) impugned order dated 18/11/2008 passed in consumer complaint no.269/2001 by the district forum, pune stands set .....
Tag this Judgment!Court : Maharashtra State Consumer Disputes Redressal Commission SCDRC Mumbai
..... complaint is returned to the complainant for being presented before the appropriate consumer fora. 2. ..... it was found ultimately after a corrective surgery taken at jaslok hospital mumbai on 4/2/2008 that at the time of laparoscopic surgery at kolkata, a big mop stuck and surrounded by a big piece of small bowel was left within the abdomen. ..... therefore, in view of provisions of section 11 (2)(b) of the consumer protection act, 1986, the jurisdiction to entertain this consumer complaint is with the kolkata fora. .....
Tag this Judgment!Court : Maharashtra State Consumer Disputes Redressal Commission SCDRC Mumbai
..... what is important is that the complainant is a senior citizen and if he is not providing with appropriate air conditioning system after payment of comparatively huge air fare, he had to undergo and suffer suffocation for 1 hour 40 ..... short, so far as grievance of the complainant in respect of not providing any appropriate cooking effect is concerned, contention raised by the opponent can be divided into two parts ..... most probably because of non starting of two engines which they should have started at the time of boarding and thereby the opponent have failed to follow up proto-call in respect of the air craft so as to provide appropriate service to the complainant and other passengers. ..... therefore, it resulted in not providing any appropriate optimum air conditioning effect at the time of boarding and it had nothing to do with humid atmosphere of mumbai but it was because of not starting second engine which they were supposed to start 5 minutes before the commencement ..... if they are aware that the humid condition in air, for the passengers comfort, they were under obligation to see and provide air conditioning system which will overcome the difficulty of humidity to ensure appropriate air conditioning to the passengers. ..... , aggrieved and dissatisfied with the said order of the district forum, complainant has filed this appeal under section 15 of the consumer protection act, 1986 and challenged the said order. 2. ..... they cannot be said to blame it as on act of god so as to exonerate itself. 9 .....
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