SUNIL BALKRISHNA TELANG Vs. MALA BALASAHEB CHAMAKALE AND ORS
LAWS(MHCDRC)-2013-11-2
MAHARASHTRA STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on November 22,2013

Sunil Balkrishna Telang Appellant
VERSUS
Mala Balasaheb Chamakale And Ors Respondents

JUDGEMENT

- (1.)THIS appeal is directed against the order Dated 12th September, 2013 passed by the District Consumer Disputes Redressal Forum, Kolhapur, dismissing the consumer complaint No. 152/2010 filed by the Appellant. The Appellant had purchased premises in a building known as "Maya Chambers" developed by original Opponent Nos. 1 to 4, through Opponent No. 5 for a sum of Rs. 9,32,000/ -. The Appellant claimed to have received possession of premises in June, 2005 and a registered sale deed had been executed. The Appellant had a grievance that same premises which was kept under lock was subsequently sold to Opponent No. 6 who had availed loan from Opponent No. 7 and charge of Opponent No. 7 was kept on the flat. The flat was ultimately attached under the provisions of The Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act. 2002. The Appellant therefore filed a complaint before the Forum. The Forum dismissed the complaint holding that the matter involved complicated questions which are required to be decided by the Civil Court. Aggrieved thereby, the Appellant is appeared before us.
(2.)WE have heard Ld. Counsel for the Appellant. We note that the Forum had not decided the complaint on merit and had said that the matter requires decision in the Civil Court. We also find that in this case it is doubtful whether the consumer complaint would at all lie since there is no question of deficiency in service to the Appellant qua the builders and developers since the Appellant had already been put in possession of property and thereafter, the Opponent No. 6 had by an agreement purchased the same flat by availing loan on the said property and for non -payment of the said loan the Opponent No. 7 had under the provisions of The Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 attached the said property. It is a civil dispute. The Appellant could have approached to Civil Court. Leaving that opportunity to the Appellant, we dismiss this appeal.
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