Maharashtra

StateCommission

A/10/937

SHRI JIBHAU PARVAT SURYAVANSHI - Complainant(s)

Versus

SHRI PRAKASH K GHADGE - Opp.Party(s)

R MOTKARI

09 Sep 2010

ORDER


BEFORE THE HON'BLE STATE CONSUMER DISPUTES REDRESSAL

COMMISSION, MAHARASHTRA, MUMBAI
First Appeal No. A/10/936
(Arisen out of Order Dated 03/08/2010 in Case No. 195/09 of District Nashik)
1. SHRI DILIP LALCHAND BACHHAVROW HOUSE NO 4 TRIMBAK NAGAR HIRAWADI PANCHAVATI NASHIKNASHIKMAHARASHTRA ...........Appellant(s)

Versus
1. SHRI PRAKASH KHANDERAO GHADGE GHADGE MALA MAKHMALABAD ROAD PANCHAVATI NASHIKNASHIKMAHARASHTRA ...........Respondent(s)

BEFORE :
Hon'ble Mr. S.R. Khanzode PRESIDING MEMBERHon'ble Mr. Dhanraj Khamatkar Member
PRESENT :R MOTKARI , Advocate for the Appellant 1

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ORDER

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

These appeals Nos.936, 937, 938, 940, 941, 950 & 951/2010 are disposed of by common order since they involved common question of law based upon common facts.

Appellants/org. complainants in their respective consumer complaints purchased a plot from the Layout as per their Sale Deed.  It is allegation of the complainants that the seller, as per the Sale Deed, division of plot was not bifurcated and mutated in their name in the  7/12 Extract.  Consumer complaints were filed accordingly and same stood dismissed and feeling aggrieved thereby, these appeals are filed.

Looking to the nature of the transaction, it is a simple transaction to purchase immovable property i.e. plot or land.  Obligation in respect of effecting division of the property and mutation has nothing to do with the housing construction.  Therefore, basically, it is not a consumer complaint and appellants/org. complainants are not consumers within meaning of Consumer Protection Act, 1986.

Furthermore, in spite of efforts made by the seller, namely O.P./respondent herein, to get the layout sanctioned, it could not be obtained.  In the background of this factual situation, the Forum below arrived at a conclusion that there is no deficiency in service on the part of O.P.  We find no reason to take a different view than the one taken by the Forum below. 

For the reasons stated above, appeals are devoid of any substance.  Hence, we pass the following order :-

          -: ORDER :-

1.       Appeals Nos.936, 937, 938, 940, 941, 950 & 951/2010 are dismissed in limine.

2.       No order as to costs.

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

 

PRONOUNCED :
Dated : 09 September 2010

[Hon'ble Mr. S.R. Khanzode]PRESIDING MEMBER[Hon'ble Mr. Dhanraj Khamatkar]Member