This is a discussion on CIDCO of Maharashtra Ltd within the Judgments forums, part of the General Discussions category; CONSUMER DISPUTES REDRESSAL COMMISSION MAHARASHTRA STATE, MUMBAI FIRST APPEAL NO. 2754 OF 2006 Date of filing : 28/12/2006 IN CONSUMER ...
Senior Member
CIDCO of Maharashtra Ltd CONSUMER DISPUTES REDRESSAL COMMISSION
MAHARASHTRA STATE, MUMBAI
FIRST APPEAL NO. 2754 OF 2006 Date of filing : 28/12/2006
IN CONSUMER COMPLAINT NO. 92 OF 2005 Date of order : 19/03/2009
DISTRICT CONSUMER FORUM : THANE
Shri K.K. Trivedi
A/3/7/6 Millennium Towers
Sector-9 Sanpada,
Navi Mumbai – 400 705. … Appellant/org. complainant
V/s.
1. The Managing Director
CIDCO of Maharashtra Ltd.,
Nirmal, 2nd floor, Nariman Point,
Mumbai – 400 021.
2. The Manager (Marketing-1)
CIDCO of Maharashtra Ltd.,
CIDCO Bhavan, CBD Belapur,
Navi Mumbai – 400 614.
3. The Asstt. Estate Office,
(Nerul / Sanpada)
CIDCO of Maharashtra Ltd.,
Sector-3, Sanpada,
Navi Mumbai – 400 705. … Respondents/org. O.Ps.
Corum : Shri P.N. Kashalkar, Hon’ble Presiding Judicial Member
Smt. S.P. Lale, Hon’ble Member
Present: None for the appellant.
Mr.Prakash Kadam, Advocate for the respondents.
- : ORAL ORDER :-
Per Shri P.N. Kashalkar, Hon’ble Presiding Judicial Member
None is present for the appellant. Mr.Prakash Kadam, Advocate for the respondents/CIDCO.
The complainant, who is appellant, had filed consumer complaint against CIDCO alleging deficiency in service. The complainant pleaded in his complaint that he had deposited with CIDCO an advance maintenance amount of Rs.4,596/-. He pleaded that CIDCO was not giving any interest on that advance maintenance deposited by him. Therefore, he claimed refund of that amount and also claimed amount towards mental harassment of Rs.32,532/-. He also claimed that the CIDCO had not given gas pipeline within reasonable time. Listing these three grievances, he filed consumer complaint against the CIDCO and its officials.
CIDCO filed written statement and contested the complaint. According to the CIDCO, as per terms and conditions of allotment, maintenance of Rs.4,596/- was collected from the complainant and it is kept with CIDCO till the flat purchasers of that particular building forms Society. After Society is formed, the said amount is given to the custody of the Society. So, there was no question of refunding the said amount to the complainant or paying any interest on that amount. As far as delay in installation of gas pipeline is concerned, CIDCO pleaded that as per agreement, gas pipeline is installed in the flat of the complainant and delay occurred because of B.P.C.L., who is giving gas supply line. Thus, CIDCO pleaded that they had not committed any deficiency in service.
Considering the affidavits and documents placed on record, the Forum below agreed to the contentions made by the CIDCO and was pleased to dismiss the complaint and against the said dismissal order, complainant has filed this appeal.
When this appeal was called out, none appeared for the appellant/org. complainant. Therefore, we asked Mr.Prakash Kadam, Advocate for the respondents/CIDCO to advance arguments. We heard him extensively and we are finding that there is no merit in the appeal. CIDCO has taken advance maintenance charges as per terms and conditions of the allotment and once Society is formed, that amount is given to the Society. The Forum below also rightly held that delay in installation of gas pipeline is on account of B.P.C.L. and no blame can be made on the shoulder of the CIDCO. Thus, on finding there was no substance in the complaint, the Forum below rightly dismissed the complaint. The appeal filed by the appellant is devoid of any merit. Hence, we pass the following order :-
-: ORDER :-
1. Appeal stands dismissed with no order as to costs.
2. Copies of the order be furnished to the parties.
(S. P. Lale) (P.N. Kashalkar)
Member Presiding Judicial Member
To many shop keeper at road Dear Sir/Madam,
Khandeshwer, Sector-16, Plot-14,
Kamothe.
There is to much shope keeper at roadside.
thats why roads are to dirty, they are not keep the roads clean & neatly.
there are lots of plastics, dustbins, paper,etc. on road.
Hence, There are lots of problem to live. in dirty smell.
So please, sir help us. to take decision.
Your's Regards,
(Navi Mumbaiker)
Sewage treatment plant near to residential colony in kharghar Dear sir/Madam,
I stay in khaghar. CIDCO has planned sewage treatment plant(STP) at sector-15 behind SPEGHETTI Complex which is completely residential project & they have started work as per plan. Initially (during buiding Speghetti complex) that land is allocated to garden by CIDCO, which now just because of few corrupted officers, they are going to use for STP. I am not opposing the STP but such type of plants should be little bit away from residential colony.
CIDCO should built this STP plant away from residential colony. So please, sir help us.
Regards
Khargharvasi
illegal construction in open car parking space aft I got possession of Flat N 502 known as Haware Glory at Kharghar , sector -20 constructed on plot no-56 on 3/7/10 from Haware builder as per the agreement dated 14/6/10 . I was also allotted open car parking space O 58- A dated 9/6/2010 from Haware builder wrt purchase of Flat N502. Haware Glory CHS was formed on 11/7/11 and the Society Office got constructed with toilet inside the Society Office as another Society named as Haware Splender also exists on same plot . The clubhouse and swimming pool being maintained by Haware Splender .
On 27/4/2012 Haware Glory CHS opend a toilet with door from outside and ventilation window facing my car parking O58-A on one day without intimating me which can be proved from the fact that lot of cement particles were observed on bonnet of my Car MH43N-6099 , the snapshots of which I have save in my camera .The Society Members told me verbally that this was done due to bad smell as the toilet was inside the society office. This means that one should demolish the toilet constructed inside their flat also. Now this creates smell when i go near my car and some toilet water is being observed near my car parking due to toilet cleaning and will lead to growth of mosquitoes and insects . When I got the Car parking space from builder ther was no such toilet door and window. Now there may be problem for me if I want to rent or sell my Flat in future as the buyer will have certain objections for the toilet door near my parking space O 58-A.
After 27/4/12 I have written several mails to the President /Secretary of Glory Society on 28th ,29th April 2012 and on 2nd May 2012 which is the official mail ID but I received no reply from them. So I request you to do the needful
NEERAJ KUMAR
FLAT NO- N502
HAWARE GLORY CHS
PLOT NO-56, SEC-20
KHARGHAR
NAVIMUMBAI
PIN-410210
Illageal Construction bearing plot no.21 & 22. Sector no.1, Ghansoli, Navi Mumbai. We wish to bring to the notice of your good office that, we had filed a Right to Information application
with concerned civic authorities to seek details and documents in relevance to the structure/building, as mentioned
in the subject item, which was permitted and had received sanctions for the sake of residential dwellings in the form
of Row House(s) only. But unfortunately, the same is operated for commercial purposes and utilized as commercial
lodge known as ‘Sai Shraddha Lodge’ without procuring proper licensed and / or N.O.C from Fire officer and/ or
authorities. Other relevant Documents and/or copies of necessary permissions related to sanctions/permissions for
carrying out commercial activities, if any, are not submitted to the concerned authorities till date, thereby indicating
to violation of civic and/or administrative guidelines and breach of provisions pertaining to regulations.
It has also been observed and evidentially proven, that the Occupancy Certificate for the above mentioned
structure/premise has been denied U/Sec.45(i) & (iii) of the Maharashtra Regional and Town Planning Act 1966, as
concerned Architect and Developer totally failed to comply with the provision/guidelines.
Therefore, we request you good office, to initiate strict legal and penal action against the developer/owner,
as is evident from the reply letter Dt: 11/7/2008. issued by the CIDCO authorities through our R.T.I. application as
above.
We look forward to a early and prior response from your good office in the above regard and also insist that
strict disciplinary action must be initiated against all those responsible for such an act of breach of regulation.
Yours Faithfully,
Mr.Vijay Shetty,
International Human Rights Access
Maharashtra-General Secretary
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