Maharashtra

Central Mumbai

CC/12/244

Mr. Jyotindra Patel - Complainant(s)

Versus

Venus Co.Op. Housing Soc. Ltd. - Opp.Party(s)

Kiran U.Patil

16 Sep 2014

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CENTRAL MUMBAI
Puravatha Bhavan, 2nd Floor, General Nagesh Marg, Near Mahatma Gandhi Hospital
Parel, Mumbai-400 012
 
Complaint Case No. CC/12/244
 
1. Mr. Jyotindra Patel
C/59, The Venus Co.-Op.Hsg.Soc. Ltd.Worli
Mumbai-400 018
...........Complainant(s)
Versus
1. Venus Co.Op. Housing Soc. Ltd.
Dr. R.G. Thadani Marg, Worli Sea Face South,
Mumbai-400 018
............Opp.Party(s)
 
BEFORE: 
 HON'ABLE MR. B.S.WASEKAR PRESIDENT
 HON'ABLE MR. H.K.BHAISE MEMBER
 
For the Complainant:
Mr.Kiran Patil, Advocate
 
For the Opp. Party:
Mr.Gajendra Machcha, Advocate
 
ORDER

Mr.Kiran Patil, Advocate for the Complainant & Mr.Gajendra Machcha, Advocate for the Opponent/Society is present. Mr.Jyotindra J.Patel/Complainant is also present. The complainant has filed application for permission to withdraw the complaint with liberty to file fresh complaint on the same cause of action. It is opposed by the Opponent/Society. Today, the complainant has filed Order passed by Deputy Registrar, Co-operative Society, G-S Division, Mumbai dated 15th September, 2014.  By this order, the complainant became the Member of the Opponent/Society.  There is dispute about the leakage in the flat.  According to the Opponent/Society, the problem of the leakage is already rectified.  It is disputed by the complainant.  For leakage problem, it is continuous cause of action. Therefore, even if, liberty is not given, still the complainant can file fresh complaint for leakage as he became the Member of the Opponent/Society vide order dated 15th September, 2014 passed by the Deputy Registrar, Co-operative Society, G-S Division, Mumbai. Therefore, the complainant is allowed to withdraw the complaint. Parties are left to bear their own costs. Proceeding is closed.

 

Dated 16th September, 2014 

 
 
[HON'ABLE MR. B.S.WASEKAR]
PRESIDENT
 
[HON'ABLE MR. H.K.BHAISE]
MEMBER

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