Maharashtra

StateCommission

A/09/639

RAM MOONJE & ORS - Complainant(s)

Versus

M/S G V PHADKE BUILDERS & DEV. PVT LTD & ORS - Opp.Party(s)

ADV. MR. R. DARANDALE

14 Jul 2010

ORDER


BEFORE THE HON'BLE STATE CONSUMER DISPUTES REDRESSAL

COMMISSION, MAHARASHTRA, MUMBAI
First Appeal No. A/09/639
(Arisen out of Order Dated 18/10/2009 in Case No. 374/06 of District Thane)
1. RAM MOONJE & ORSMaharastra2. SHUBHANGI RAM MOONJEAT 101, SHRI RAMESHWAR BHAVAN, POKHRAN ROAD NO. 1, THANE (W) - 400 606 MUMBAI MAHARASHTRA ...........Appellant(s)

Versus
1. M/S G V PHADKE BUILDERS & DEV. PVT LTD & ORSMaharastra2. SHRI PRABHAKAR PHADKEC/O M/S. G.V. PHADKE BUILDERS & DEVELOPERS PVT. LTD., 101, DABKE HOUSE, 1ST FLOOR, RAGHOBA SHANKAR ROAD, CHENDANI, THANE (W) - 400 601.MAHARASHTRA3. SHRI ANAND PHADKE, C/O M/S. G V PHADKE BUILDERS & DEVELOPERS PVT. LTD., 101, DABKE HOUSE, 1ST FLOOR, RAGHOBA SHANKAR ROAD, CHENDANI, THANE (W), 400 601MAHARASHTRA ...........Respondent(s)

BEFORE :
Hon'ble Mr.Justice S.B.Mhase PRESIDENTHon'ble Mr. Dhanraj Khamatkar Member
PRESENT :Mr.Rohan Darandale-Advocate for the appellants Mr.C.P.Deogirikar-Advocate for the respondents

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ORDER

 

 

 

 

Per Justice Mr.S.B.Mhase-Hon’ble Preside

 

Heard both the advocates.  Dispute was in respect of non delivery of the parking space.  Yesterday the appeal was on board and the parties have arrived at consent terms. By consent terms it was informed to the State Consumer Disputes Redressal Commission that the appellant shall pay an amount of Rs.64,000/- by cheque to the respondent and respondent shall hand over the possession of the parking space P-2 admeasuring  120 sq.ft. earmarked and informed to the society accordingly.  Terms were signed by the advocates and respective parties.  However, we notice consent terms are executed on the same day itself i.e. on 13/7/2010.  We directed the parties to see that consent terms are acted upon and, thereafter, compliance report be submitted to the State Commission.  This we have done so as to avoid further proceeding in execution either under section 25(3) and/or section 27 of the Consumer Protection Act, 1986.  Today both the advocates are present.  They have tendered the following documents namely receipt in respect of Rs.64,000/- given by the respondents which is signed by Mr.Prabhakar Phadke one of the directors of the respondents.  Also Xerox copy of the pay order of Rs.64,000/- is annexed and Ld.counsel for the respondents states that they are satisfied in respect of payment.  So far as appellants are concerned the appellants have produced on record receipt to the effect that the parking “P2”, duly demarcated in Shri Rameshwar Bhavan Co-operative Housing Society Ltd. Pokhran Road no.1, Thane 400 606 is handed to the appellants.  Thus, in accordance with the consent terms dispute was settled and the said consent terms were executed by the parties.  Those documents are taken on record.  Consent terms are marked as ‘Exhibit X’ for identification.  Possession receipt of the parking space is marked ‘Exhibit X-1’ and the receipt in respect of payment of Rs.64,000/- along with xerox copy of pay order is marked Exhibit X-2 and X-3 collectively.  In view of this compliance appeal stands disposed of.  Grievance of the appellants is solved and satisfied.  Nothing survives in the matter for consideration and accordingly, appeal stands disposed of.

 

PRONOUNCED :
Dated : 14 July 2010

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