M/S. SAGAR SHOPPING DEVELOPERS Vs. SAGAR REGENCY CO-OP. HSG. SOCIETY LTD.
LAWS(NCD)-2020-1-12
NCDRC
Decided on January 10,2020

M/S. Sagar Shopping Developers Appellant
VERSUS
Sagar Regency Co-Op. Hsg. Society Ltd. Respondents

JUDGEMENT

DR.S.M.KANTIKAR, PRESIDING MEMBER, J. - (1.) Heard learned counsel for the petitioners, and perused the material on record.
(2.) The dispute principally relates to non-execution of transfer deed in favour of the complainant society by the opposite party developer firm.
(3.) The District Forum heard both sides, appraised the evidence and vide its Order dated 19.11.2013 partly allowed the complaint. Extracts are quoted below: (15) In this way the complainant Society is demanding from the respondent Rs. 10,000/- recovered from each flat holder towards legal charges total amount of Rs.3,20,000/- + Share Capital and membership fee Rs. 11,200/- and towards deficiency committed in respect of the registration of the Society Rs.50,000/-. In addition to the above the respondent had not done transfer of the property to the society for which they kept on giving one or other excuse. Thereafter the complainant Society would be required to pass resolution and will have to take action of filing legal complaint. As the complaint is pending since eight years; but regarding transfer the respondent has not taken any action. On the other hand the respondent kept on giving excuses that when the total project would be completed the transfer deed would be executed in favour of the complainant Society. Such type of contention would not be tenable on the criteria of provisions of MOFA Act. Hence on that point as the respondent has committed deficiency in providing services to the complainant Society the respondent would be responsible to pay the cost of the complaint also. In this way the respondent is responsible to pay to the complainant Society Rs. 3,20,000/- recovered for legal charges + share capital and membership fee Rs. 11,200/- making total of Rs.3,31,200/-. The respondent would be responsible to pay interest thereon at 9 % pa from the date of filing of complaint i.e. from 16/2/2005 till the amount is actually disbursed. In addition to this for formation of the Society the deficiency was caused for which compensation of Rs. 50,000/- + deficiency in executing the transfer deed and cost for the complaint Rs.1,00,000/- making total of Rs. 1,50,000/- will have to be paid. (16) From the above discussion and conclusions drawn the order is being passed as under: ORDER The complaint No 55/2005 is partly allowed. Within six months from the date of receipt of copy of the order as mentioned in annexure of the agreement of flat the respondent should execute in favour of the complainant Society transfer deed including the total carpet area of the property of the Society failing which per day penal expenses of Rs. 1,000/- per day will have to be paid. The respondent had recovered from the members of the complainant Society the Legal Charges total amounting to Rs. 3,20,000/- , Rs. 11,200/- towards share capital and membership fee making total of Rs. 3,31,200/- including interest @ 9 % thereon from the date of filing of the complaint i.e. from 16/2/2005 till the amount is actually disbursed. In addition to this it is being declared that about providing service to the complainant regarding registration of Society and execution of transfer deed the respondent had caused deficiency for which the respondent should pay compensation of Rs. 1,50,000/- to the complainant within 8 days from the date of receipt of order of the judgment otherwise 9 % interest will have to be paid thereon. The respondent are hereby ordered that after transfer of the society for registering name in property register necessary cooperation is to be provided to the Society. Certified copies of the judgement are to be provided to both parties free of cost. (paras 15 and 16 of the District Forum's Order ) (as per the translated copy furnished by the petitioner) ;


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