This is a discussion on Sona Builders within the Judgments forums, part of the General Discussions category; CONSUMER DISPUTES REDRESSAL COMMISSION MAHARASHTRA STATE, MUMBAI FIRST APPEAL NO.1019 OF 2008 Date of filing : 22/07/2008 IN CONSUMER COMPLAINT ...
- 09-02-2009, 08:55 AM #1
CONSUMER DISPUTES REDRESSAL COMMISSION
MAHARASHTRA STATE, MUMBAI
FIRST APPEAL NO.1019 OF 2008 Date of filing : 22/07/2008
IN CONSUMER COMPLAINT NO.162/2007 Date of order : 16/04/2009
DISTRICT CONSUMER FORUM, NASIK
Through Shri Kondaji Raoba Avhad
Old Agra Road, Nasik ………..Appellant/org.O.P.
Shivkiran Co-op.Hsg.Society Ltd.,Nasik
Shri Tukaram Laxman Handore
R/o.Flat no.9, Shivkiran Society
Hanuman Nagar, Panchavati,Nasik ………Respondent/org.complainant
Corum: Shri P.N.Kashalkar, Hon’ble Presiding Judicial Member
Smt.S.P.Lale, Hon’ble Member
Present : Mr.Tejesh Dande-Advocate for the appellant
Mr.V.G.Sabnis-Advocate for the respondent
O R A L O R D E R
Per Shri P.N.Kashalkar, Hon’ble Presiding Judicial Member
Heard Mr.Tejesh Dande-Advocate for the appellant and Mr.V.G.Sabnis-Advocate for the respondent.
This is an appeal filed by the original O.P. against the judgement and award passed by the District Consumer Forum, Nasik in consumer complaint no.162/2007. Vide impugned judgement and award, O.P./Builder has been directed to execute Deed of Conveyance in favour of Society, which flat purchasers have already formed and to complete incomplete work left by the builder. However after seeing the photographs, we are finding that plastering has been done substantially, but according to respondents, only plastering on the parapet walls of the terrace inside and outside is not yet done. So we direct appellant to complete that portion of the incomplete work. Forum below has directed plastering of whole of the building, but that is not the case. Actually only parapet walls on the terrace is not yet plastered and therefore, operative clause no.3 shall be restricted to plastering outer and inner wall of the parapet wall of the terrace. Electric Motor is also required to be installed. In the circumstances, we are of the view that there is no merit in the appeal and appeal will have to be dismissed. Hence the following order:-
1. Appeal stands dismissed.
2. Direction given in this appeal by this Commission should be carried out within 3 months from today.
3. We make it clear that only portion of operative part of District Consumer Forum is slightly modified to mention that plastering will be done only of inner and outer parapet walls of the terrace.
4. Pronounced and dictated in the open court.
5. Copies of the order be furnished to the parties.
Member Presiding Judicial MemberRegards,
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