NCDRC

NCDRC

RP/1651/2009

INSHA CONSTRUCTION CO. & ORS. - Complainant(s)

Versus

J.L. DESHMUKH & ORS. - Opp.Party(s)

MR. K.B. UPADHYAY

26 Oct 2009

ORDER

Date of Filing: 11 May 2009

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIREVISION PETITION NO. No. RP/1651/2009
(Against the Order dated 07/03/2009 in Appeal No. 1355/2008 of the State Commission Maharastra)
1. INSHA CONSTRUCTION CO. & ORS.Marut Park Plot No.2 Sector. No.12/A. Bonkode, Koparkhairne, Navi Mumbai -400709 ...........Appellant(s)

Vs.
1. J.L. DESHMUKH & ORS.Respondent No-1-23 all R/o.Sagar Vihar Co-Op Hosing Society Ltd. Plot. No.A-123/124, Opp Visarjan Talav Behind Petrol Pump. Sector. -20 Koparkhairne Navi Mumbai -400709Maharshtra 2. EXECUTIVE ENGINEERSA,Navi Mumbai, Municipal Corporation, BelapurNavi Mumbai ...........Respondent(s)

BEFORE:
HON'BLE MR. JUSTICE ASHOK BHAN ,PRESIDENTHON'BLE MR. B.K. TAIMNI ,MEMBER
For the Appellant :MR. K.B. UPADHYAY
For the Respondent :NEMO

Dated : 26 Oct 2009
ORDER

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          Service is complete.  None is present on behalf of respondent No.24.

          Petitioner is the developer and builder.  After constructing, petitioner handed over possession of the plots but without obtaining Occupation Certificates.  From 2003 onwards, the water was being supplied to the respondents from a private connection in the adjoining

-2-

plot for commercial purposes.  Water connection and Occupation Certificates were not given to the respondents as the petitioner had failed to pay the arrears of Rs.5,91,508/-.  This amount was due as on 12.9.2007.  The State Commission has ordered the petitioner to pay the amount, get the Occupation Certificate and then recover the charges from the respondents on the basis of actual charges for ‘Domestic’ connection and not for ‘Commercial’ connection.  We find no infirmity in the order passed by the State Commission.  Dismissed.



......................JASHOK BHANPRESIDENT
......................B.K. TAIMNIMEMBER