Heard learned counsel for the appellants and the learned counsel for the respondents. While First Appeal No. 673 of 2013 has been preferred by the builders (opposite parties no. 1 and 2), First Appeal No. 82 of 2014 has been preferred by the M/s Nitin Castings Ltd. (opposite party no.3) questioning the correctness of the order dated 03.05.2013 passed by the Maharashtra State Consumer Disputes Redressal Commission at Mumbai (hereinafter referred to as the State Commission) whereby the complaint of the complainants, respondents no. 1 to 46 herein, has been allowed in the following terms: “19. For the reasons stated above, we pass the following order:- -:ORDER:- - Complaint is partly allowed.
- Opponent Nos. 1&2/builder do obtain Occupancy Certificate of building “Harmony” as early as possible preferably within a period of six months from today.
- Opponent Nos. 1&2/builder as a promoter shall take necessary steps either to register co-operative housing society of the flat purchasers of building “Harmony” or to make necessary declarations under the Maharashtra Apartment Ownership Act, 1970, in favour of respective apartment owners/Association of apartment owners. In case of formation of co-operative housing society under the Maharashtra Co-operative Societies Act, conveyance shall be executed by opponent Nos. 1&2/builder and opponent No.3/owner of the property accordingly.
- Opponents to bear their own costs and opponent Nos. 1&2/builder to pay 50,000/- as costs to the complainants.
5. Copies of the order be furnished to the parties.” During the pendency of the appeals, it appears that the issue was brought up before the competent authority in terms of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963. Exercising the powers under the said provisions, the District Sub-Registrar, Cooperative Societies, Thane passed orders on 10.10.2019. As a consequence of the aforesaid orders, the deemed conveyance has been executed and the learned counsel for the parties do not dispute these facts on the orders dated 10.10.2019. Today a communication dated 29.08.2023 has been placed before the Bench by the learned counsel for the respondents intimating that a resolution was passed in the Genera Body Meeting of the respondent housing society to dispose of First Appeal No. 82 of 2014 and close it as they have received the outcome of the decree of the State Commission insofar as it relates to the directions in the order dated 03.05.2013 at serial no. 2 and 3. The intimation further states that they are not pressing for any compensation and that they also waive their right to receive Rs.50,000/- as costs awarded by the State Commission. Consequently in the event of no dispute for adjudication surviving, learned counsel for the appellants contends that the matter may be closed in terms of the said information tendered. The communication which has been received is extracted hereunder:- “Date : 29/08/2023 Dear Sir Referring to our resolution passed in General meeting about closure of ongoing case with M/s Nitin Casting Ltd. We the Managing Committee of Harmony CHSL hereby request you to close the Ongoing case FA/82/2014. We also state that we are not pressing for any Compensation in this regards & also ready to leave Rs50000/- compensation mentioned earlier in this case. Kindly Close this Case. Regards Sd/- Hon Secretary” Learned counsel for the appellants apprehends that this communication may not be complete in all respects, inasmuch as the resolution is only in respect of the housing society and not the other individual 45 flat buyers/owners. Learned counsel for the respondents very fairly submits that technically the words of the said communication may not be specific but the resolution is not only on behalf of the Housing Society but also on behalf of those 45 individual flat buyers/owners who are shareholders of the Society and the resolution binds them as well. It has further been pointed out by the learned counsel for the appellants that the number of First Appeal No. 673 of 2013 has not been mentioned in the said communication. Learned counsel for the respondents also concedes that the same communication has been received by him in respect of First Appeal No. 673 of 2013 and therefore there is no need for any separate communication in this regard and both the appeals may be disposed of accordingly on the same terms. We have taken up both the appeals together simultaneously and having recorded the submissions noted as above, the order of the State Commission dated 03.05.2013 stands modified to the extent that the costs awarded at serial no. 4 of the impugned order is set aside, and the directions of the State Commission, which according to the respondents have already been complied with in terms of the order passed by the District Sub-Registrar, Cooperative Societies, Thane dated 10.10.2019, are upheld. Learned counsel for the respondents has made a statement that this concludes all the disputes and this will amount to full and final settlement insofar as these two appeals are concerned. Both the appeals accordingly stand disposed of. | 
