Per Justice Shri S.B.Mhase, Hon’ble President:-

          This matter was admitted by an order dated 22/06/2010 and listed for final hearing on 11/01/2011 i.e. today.  On 22/06/2010 Mr.D.B.Patil advocate was present for appellant and Mr.Ashotossh Marathe, advocate  was present for respondent.  In the presence of the parties, the date was given.  It is accordingly mentioned in the roznama and the same was also reflected on the internet which is published one week in advance at least.  Today, when the matter is called out at 4.00 p.m., no one is present on behalf of the appellant.  It is to be noted that on behalf of appellant vakalatnama was filed by two advocates, namely, Smt. Meenakshi D.Patil and Shri D.B.Patil.  Both of them are absent.  No one intimated their difficulty to appear before this Commission.  So also the appellant is absent.  Ld.Counsel for the respondent  and respondent are present.  Under these circumstances, we are constrained to proceed for the final disposal of this appeal.

          Respondent has filed complaint no.435/208.  The appellant, who is original opponent is a developer and is a person in the construction activity.  He has sold a shop no.6 admeasuring 230 sq.ft. to the respondent/original complainant for consideration of `2,10,000/-.  The said amount had been received by the appellant.  There was/is agreement to that effect and possession was also given.  However, in respect of said property there was/are certain deficiencies, namely, leakage of roof, front portion of the shop was half way constructed and there was/is no water supply in the shop, construction work of the wall was of the inferior quality, occupation certificate was not given and conveyance deed in respect of flat was not also executed.  So also for car parking there was/is no arrangement.  It is further claimed that co-operative society should have been registered by the appellant.  So far as registration of the society and car parking is concerned, these reliefs are granted by the District Consumer Redressal Forum. 

After filing of this complaint in District Consumer Redressal Forum appellant/opponent appeared through Counsel, who had not filed written version and therefore, complaint was proceeded ex-parte and it was allowed by the District Consumer Redressal Forum.  What is important to be taken into consideration is that, that the complaint is allowed on the basis of rule of non traverse.  He himself failed to give any explanation and elected not to speak and thereby had not filed written version.  Therefore, statement made by complainant and affidavit of complainant stands admitted by opponent.

          We perused the record and it is seen from the same that proper service was effected on correct address.  Therefore, the contention raised in the affidavit filed in appeal that there was no proper service is without substance.  Under these circumstances, District Consumer Redressal Forum directed the opponent to handover the completion certificate to register the society, to give the car parking and to provide supply of drinking water in the shop within period of two months.  What we find is that, that the order is properly passed by the District Consumer Redressal Forum and it need not to be interfered.  So far as the registration of the society and car parking is concerned, complaint is required to be filed in the representative capacity invoking Section 12(1) (c ) and Order 1 rule 8.   Such compliance being not done, the relief could not be granted. Adv.Marathe, Learned Counsel appearing for the respondent/complainant conceded to this and submitted that complainant along with other members may consider to file a representative complaint in this respect.  Hence, we pass the following order:-

                                                :-ORDER-:

1.                 Appeal is allowed. 

2.                 Operative clause no.2 of the impugned order is hereby quashed and set aside.   Liberty to complainant and other flat purchasers to file separate complaint for the same relief if they desire to files such complaint.

3.                 Rest of the order is confirmed. 

4.                 Parties are left to bear their own costs.

5.                 Dictated on dais.

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