Maharashtra

StateCommission

MA/11/549

MR.B.SUDHAKAR SHETTY - Complainant(s)

Versus

LOK HOUSING & CONSTRUCTION LTD - Opp.Party(s)

AR MITESH PANDYA

02 Feb 2012

ORDER

BEFORE THE HON'BLE STATE CONSUMER DISPUTES REDRESSAL
COMMISSION, MAHARASHTRA, MUMBAI
 
Miscellaneous Application No. MA/11/549
 
1. MR.B.SUDHAKAR SHETTY
FLAT NO 1105-A AT BUILDING NO B -3 11 TH FLOOR LOK EVEREST ACC ROAD MULUND WEST MUMBAI 400080
MUMBAI
MAHARASHTRA
...........Appellant(s)
Versus
1. LOK HOUSING & CONSTRUCTION LTD
LOK BHAVAN LOK BHARTI COMPLEX MAROL MAROSHI ROAD MAROL ANDHERI EAST MUMBAI 400059
MUMBAI
MAHARASHTRA
2. MR LALIT GANDHI OF LOK GROUP
LOK BHAVAN LOK BHARTI COMPLEX MAROL MAROSHI ROAD MAROL ANDHERI EAST MUMBAI 400059
MUMBAI
MAHARASHTRA
3. MRS NAINABEN SHAH
LOK BHAVAN LOK BHARATI COMPLEX MAROL MAROSHI ROAD MAROL ANDHERI EAST MUMBAI 400059
MUMBAI
MAHARASHTRA
...........Respondent(s)
Miscellaneous Application No. MA/11/550
 
1. MR.B.SUDHAKAR SHETTY
FLAT NO 1105-A AT BUILDING NO B -3 11 TH FLOOR LOK EVEREST ACC ROAD MULUND WEST MUMBAI 400080
MUMBAI
MAHARASHTRA
...........Appellant(s)
Versus
1. M/S.LOK GRUOP
LOK BHAVAN LOK BHARTI COMPLEX MAROL MAROSHI ROAD MAROL ANDHERI EAST MUMBAI 400059
MUMBAI
MAHARASHTRA
2. MR LALIT GANDHI OF LOK GROUP
LOK BHAVAN LOK BHARTI COMPLEX MAROL MAROSHI ROAD MAROL ANDHERI EAST MUMBAI 400059
MUMBAI
MAHARASHTRA
3. MRS NAINABEN SHAH
LOK BHAVAN LOK BHARTI COMPLEX MAROL MAROSHI ROAD MAROL ANDHERI EAST MUMBAI 400059
MUMBAI
MAHARASHTRA
...........Respondent(s)
 
BEFORE: 
 Hon'ble Mr. S.R. Khanzode PRESIDING MEMBER
 Hon'ble Mr. Narendra Kawde MEMBER
 
PRESENT:
 
ORDER

(Per Shri S.R.Khanzode, Hon’ble Presiding Judicial Member)

 

(1)               These two applications are disposed off by this common order since they have involved identical facts and common question of law.

 

(2)               Heard.  The learned counsel appearing for the applicants invited our attention to the operative part of the orders passed in the Consumer Complaint No.91/08 & 92/08 which are subject matters of these applications directing the opponents to take steps for formation and registration of a co-operative housing society and to execute & register the deed of conveyance in favour of such society.  In the latter part of the said order, further condition is imposed on the opponents to comply the order within the period of 3 months from receipt of the order.  It is further submitted on behalf of the applicants that they have to take steps to comply with the order.  However, it is submitted that looking the nature of compliance, the period of 3 months is an inadequate/short to comply with those directions and hence extension of said period is needed.  Therefore, these applications, styled as application for seeking extension of time to convey the property are filed.  It is further submitted that these applications are in the nature of speaking to minutes. 

 

(3)               Application for speaking to minutes is known procedure at the High Court, but such procedure is unknown to the Consumer Protection Act, 1986.  In the name of seeking clarification, what in effect tried to be achieved is to get relaxed the conditions of three months or modify the same, it is nothing but to review the order which cannot be entertained.  Under the circumstances, both the applications are devoid of any merit.  We hold accordingly and pass the following order.

 

ORDER

         

(1)     Misc. Application No.549/11 & 550/11 stand dismissed.

(2)     In the given circumstances, parties to bear their own costs.

 

Pronounced on 2nd February, 2012.

 

 
 
[Hon'ble Mr. S.R. Khanzode]
PRESIDING MEMBER
 
[Hon'ble Mr. Narendra Kawde]
MEMBER

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