Maharashtra

StateCommission

A/09/1069

MOHAN DATTARAY CHANDAN - Complainant(s)

Versus

MR. SANDIP S PARANJPE & ORS - Opp.Party(s)

Smt.Smita Sansare

12 Jul 2010

ORDER


BEFORE THE HON'BLE STATE CONSUMER DISPUTES REDRESSAL

COMMISSION, MAHARASHTRA, MUMBAI
First Appeal No. A/09/1069
(Arisen out of Order Dated 18/07/2009 in Case No. 162/2007 of District Thane)
1. MOHAN DATTARAY CHANDANR/AT C/O SMT S R PATANGE 19, PANDURANG NIWAS, HANUMAN SOCIETY, NANDIVALI ROAD DOMBIVLI(E) THANEMaharastra ...........Appellant(s)

Versus
1. MR. SANDIP S PARANJPE & ORSOFFICE LAXAMINARAYAN, PLOT NO 34, HANUMAN SOCIETY, NANDIVILI ROAD, NEAR DNC HIGH SCHOOL,DOMBIVALLI(E)THANEMaharastra ...........Respondent(s)

BEFORE :
Hon'ble Mr.Justice S.B.Mhase PRESIDENTHon'ble Mr. Dhanraj Khamatkar Member
PRESENT :Smt.Smita Sansare , Advocate for the Appellant 1 Mr.S.V.Joshi, Advocate for the Respondent 1

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ORDER

Basically this is a complaint as against the respondent/architect.  It appears that slab of the building belonging to the appellant was having a leakage and therefore, walls were becoming wet.  Said work was given to one civil contractor / Mr.Prvainbhai Patel / M/s. Prime Decorator.  They are not party to the complaint.  The grievance of the complainant is that the work was not properly  supervised by the respondent and therefore, the work which was carried by the contractor was of substandard quality.  Even there was appointment order in favour the respondent.  There was no agreement creating legal obligations between the parties fixing the duties and work to be completed.  It was told before us that separate complaint by the Civil Contractor is filed before Civil Court and it was partly allowed and execution is pending.  Under these circumstances, District Consumer Disputes Redressal Forum has also found that in the absence of said civil contract, it is not possible to proceed as against the said contractor.  We find no difficulty in the said order.  Hence, we pass the following order:-

:-ORDER-:

1.  Appeal stands rejected. 2.  No order as to costs.

3. Copies of the order herein be furnished to the parties.

 

 

PRONOUNCED :
Dated : 12 July 2010

[Hon'ble Mr.Justice S.B.Mhase]PRESIDENT[Hon'ble Mr. Dhanraj Khamatkar]Member