ANNA LOUISW COOPERATIVE HOUSING SOCIETY - Opp.Party(s)
H SHIVDASANI
02 Jul 2010
ORDER
BEFORE THE HON'BLE STATE CONSUMER DISPUTES REDRESSAL
COMMISSION, MAHARASHTRA, MUMBAI
First Appeal No. A/10/592
(Arisen out of Order Dated 13/05/2010 in Case No. 214/2001 of District Mumbai(Suburban))
1. MR BHUJANG N SHETTY & ORS2 SHEFERS APT, OFF PIROJSHAH GODREJ MARG,HARIYALI VILLAGE, VIKROLI (E), MUMBAI 400083.MUMBAIMAHARASHTRA2. MR JOAQUIM FERNANDES21 SHYAM KUNJ 3 RD FLOOR OPP VIKHROLI RAILWAY STATION (E) VIKHROLI(E) MUMBAI 400083MUMBAIMAHARASTRA3. Mr.Joaquim Fernandes21, Shyam Kunj, 3rd floor, Opp. Vikhroli Railway Station (E), Vikhroli (E), Mumbai-400 083.MumbaiMaharashtra
...........Appellant(s)
Versus
1. ANNA LOUISW COOPERATIVE HOUSING SOCIETY GODDWILL MANSION, A WING TERRACE, OFF PIROJSHAH GRODREJ MARG, HARIYALI VILLAGE, VIKROLI (E), MUMBAI 400083.
...........Respondent(s)
BEFORE :
Hon'ble Mr. P.N. Kashalkar PRESIDING MEMBERHon'ble Mrs. S.P.Lale Member
PRESENT :
Mr.H. Shivdasani, Advocate for the appellants.Ms.Rashmi Manne,Advocate, for Mr.U.B. Wavikar, Advocate for the Respondent 1
ORDER
Per Shri P.N. Kashalkar, Hon’ble Presiding Judicial Member
This appeal has been filed by org. O.P. who have been simply directed by the award passed by the District Consumer Disputes Redressal Forum, Mumbai Suburban in consumer complaint No.214/2001decided on 13/05/2010 that they should execute Deed of Conveyance in favour of complainant/Society as per agreement within period of six weeks from the date of receipt of the order, failing which penalty has been imposed on the developer from the date of expiry of period.Developer is also directed to pay Rs.500/- as cost to the Society. Aggrieved by this order, developer/builder has filed this appeal.
The facts need not be stated because dispute is pertaining to Conveyance Deed not executed by the Developer in favour of the Society and that one member of the Society individually had filed consumer complaint demanding Deed of Conveyance from the builder and that matter went right upto the National Commission and in the National Commission in Revision Petition, statement was made by the appellant herein that the Managing Committee has been formed and he had exchanged draft of Conveyance Deed with the Managing Committee and matter was being sorted off.If this is the state of affairs and even today Counsel for the appellant also reiterated the said committment and stated that his client has already sent a draft copy of Deed of Conveyance to the Managing Committee of the Society and he has awaiting reply from the Managing Committee of the Society, he cannot be heard to say that the order passed by the Forum below is illegal, improper and should be quashed and when he himself in one breathe is stating that he is ready to co-operate with the respondent/Society in the matter of execution of Conveyance Deed.In this view, we are finding no substance in the appeal filed against the order passed by the Forum below.Said order is appearing to be just and proper.Moreover, it is the statutory duty of the builder to execute Conveyance Deed in favour of the Society and so, award as passed by the Forum below is appearing to be just and proper and we do not want to interfere with the said award.Appeal is appearing to be devoid of any substance.Hence, we pass the following order :-
-: ORDER :-
1.Appeal is summarily dismissed.
2.Parties are left to bear their own costs.
3.Copies of the order be furnished to the parties.
PRONOUNCED :
Dated : 02 July 2010
[Hon'ble Mr. P.N. Kashalkar]PRESIDING MEMBER[Hon'ble Mrs. S.P.Lale]Member
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