Maharashtra

Additional DCF, Nagpur

MA/20/7

Sau. Padama Laxman Moundekar - Complainant(s)

Versus

Gruhlaxmi Construction & Land Developers & Others - Opp.Party(s)

Adv. Ajay N. Narnaware

29 Mar 2022

ORDER

ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,
NAGPUR
New Administrative Building No.-1
3rd Floor, Civil Lines, Nagpur-440001
Ph.0712-2546884
 
Miscellaneous Application No. MA/20/7
( Date of Filing : 14 Dec 2020 )
In
Complaint Case No. CC/20/266
 
1. Sau. Padama Laxman Moundekar
Susharut, D-18, Near Trimurti Nagar, New Mankapur, Nagpur 440030
...........Appellant(s)
Versus
1. Gruhlaxmi Construction & Land Developers & Others
3rd Floor, Kazi Building, C.A. Road, Near Chandralok Building, Near Deveni Dharmashala, Nagpur
2. Satpuda Hills Risort Pvt. Ltd.
Gruhalaxmi Tower, Dosara Bhavan Chowk, Near Police Station, C.A. Road, Nagpur
3. Suresh Kondbaji Burewar
R/o Near Railway Crosing, Manish Nagar, Somalwada, Nagpur.
4. pawan payarmwar Wasudev
Gruhalaxmi Tower, Dosara Bhavan Chaowk, C.A. Road, Nagpur
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. SANJAY VASUDEO PATIL PRESIDENT
 HON'BLE MS. SMITA N. CHANDEKAR MEMBER
 HON'BLE MR. AVINASH V. PRABHUNE MEMBER
 
PRESENT:Adv. Ajay N. Narnaware, Advocate for the Appellant 1
 
Dated : 29 Mar 2022
Final Order / Judgement

As per Hon’ble Member Mr. Avinash Prabhune.

 

Perused application for condonation of delay. The present complaint is filed against OP for not executing sale deed of plot, handover the possession of plot despite of paying amount. Complainant had prayed for refund of amount due to failure of OP in developing layout for disputed plot.

 

It is settled position of law that if the possession of plot is not given or amount is not refunded, then cause of action for filing complaint remains continuous, therefore, there is no need to file this application for condoning delay, hence, application is filed.

 

Issue notice to OP in main complaint.

 
 
[HON'BLE MR. SANJAY VASUDEO PATIL]
PRESIDENT
 
 
[HON'BLE MS. SMITA N. CHANDEKAR]
MEMBER
 
 
[HON'BLE MR. AVINASH V. PRABHUNE]
MEMBER
 

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