Per Shri P.N. Kashalkar, Hon’ble Presiding Judicial Member This appeal has been filed by org.O.P./builder against the judgement and award passed by the Addl. District Consumer Forum, Thane. By allowing complaint, Forum below directed O.P.No.2/builder to form co-operative Society of the flat purchasers within 60 days and to execute Deed of Conveyance in favour of the Society and also directed O.P.No.2 to pay to each of the complainant Rs.15,000/- for mental harassment and Rs.1,000/- towards costs. As such O.P.No.2 has filed this appeal. The facts need not to be stated in details. Suffice it to say that complainants were flat purchasers. They had entered into the agreement of sale with builder/developer. They had paid full amount of consideration for the booked flats and after receiving the full amount in the year 2008 they were put in possession of the flats, but builder/developer-O.P.No.2 was not inclined to execute Deed of Conveyance nor he formed co-operative Society of the flat purchasers for which he had collected charges from each of the flat purchasers. Since O.P.No.2 was avoiding to form co-operative Society and to execute Deed of Conveyance in favour of the said Society, the flat purchasers approached the District Consumer Forum by filing consumer complaint. On considering the documents and affidavits placed on record, Forum below was pleased to pass award directing the O.P.No.2/builder/developer to form co-operative Society of the flat purchasers and to execute Conveyance Deed in favour of said Society and also imposed some cost and compensation payable to each of the complainants. Aggrieved by this award, builder/developer/O.P.No.2 has filed this appeal. At the stage of admission we heard Mr.Nitin Jadhav, Advocate for the appellant. We are finding that the order passed by the Forum below is just and proper and there is no arguable point involved in this appeal. It is statutory duty of the appellant/builder/developer to form co-operative Society and to execute Deed of Conveyance in favour of said Society of the flat purchasers. This is a statutory duty as well as duty arising out of Agreement of Sale executed between flat purchaser on the one hand and builder/developer on the other hand. Viewed from any angle, builder/developer cannot escape his liability to form co-operative Society and to execute Conveyance Deed in favour of Society. The order passed by the Forum below is just, proper and sustainable in law. There is no merit in the appeal preferred by the appellant. The appeal is devoid of any substance. Hence, we pass the following order :- -: ORDER :- 1. Appeal is summarily rejected. 2, No order as to costs. 3. Copies of the order be furnished to the parties. | 
