NCDRC

NCDRC

RP/13/2011

ASHOK KUMAR JHAJARIA - Complainant(s)

Versus

UDAY KIRAN PATIL & ANR. - Opp.Party(s)

MR. ANAND V. PATWARDHAN

22 Sep 2011

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 13 OF 2011
 
(Against the Order dated 05/08/2010 in Appeal No. 1335/2009 of the State Commission Maharastra)
1. ASHOK KUMAR JHAJARIA
E-26, Hauz Khas
New Delhi - 110016
Delhi
...........Petitioner(s)
Versus 
1. UDAY KIRAN PATIL & ANR.
402, Shri Nandadham, 4th Floor, Plot No. 59, Sector 11, C.B.D. Belapur
Navi Mumbai - 400614
Maharashtra
2. M/S. NAVIN VIKAS (P) LTD.
E-26, Hauz Khas
New Delhi - 110016
Delhi
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE V. R. KINGONKAR, PRESIDING MEMBER
 HON'BLE MR. VINAY KUMAR, MEMBER

For the Petitioner :MR. ANAND V. PATWARDHAN
For the Respondent :MR. SUDHANSHU S. CHOUDHARI

Dated : 22 Sep 2011
ORDER

ORAL JUDGMENT

 

PER JUSTICE MR. V.R. KINGAONKAR

 

         

          We have heard learned counsel for the parties. By consent of learned counsel for the parties, the petitions are disposed of on following terms:--

(i)                The builders and developers i.e. M/s Navin Vikas (P) Ltd. will initiate the process of inviting consent or proposals of the office purchasers to form a society or association, as the case may be, and shall take decision as per majority in view of the concerned provisions of Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963        

(ii)              A communication shall be sent by the petitioner to the concerned purchasers of the flats/office premises within a period of one month and if no reply is received within a period of three months thereafter, the consent may be presumed and necessary action as permissible under the relevant provisions may be taken so as to complete the process.

(iii)            The builders/promoters named above shall form the society or association or company, as permissible under the law within a period of six months hereafter and make allotment of the parking place as per the decision of the proposed society as per the Bye-laws or Resolution and the parking place shall be handed over to such society or association/company after the period of six months.

 

2.       The rest part of the orders of the Fora below are set aside in view of the consent mentioned above and the parties are to bear their own costs throughout.

 

 
......................J
V. R. KINGONKAR
PRESIDING MEMBER
......................
VINAY KUMAR
MEMBER

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