HARMONY CO-OPHOUSING SOCIETY AND ORS Vs. PRESTIGE BUILDERS AND ORS
LAWS(MHCDRC)-2013-5-3
MAHARASHTRA STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on May 03,2013

Harmony Co -Ophousing Society And Ors Appellant
VERSUS
Prestige Builders And Ors Respondents


Referred Judgements :-

FAQIR CHAND GULATI V/S. UPPAL AGENCIES PVT. LTD. & ANR. [REFERRED TO]


JUDGEMENT

- (1.)THIS consumer complaint which is in nature of class action petition as far as flat purchasers from building "Harmony" in a complex known as "Prestige Garden" situated at F.P. No. 410 / 412, Eastern Express Highway, Almeida Road, Village Panch Pakhadi, Thane (West) and which is developed by opponent -Prestige Builders, a partnership firm (hereinafter referred to as 'builder') inter alia claiming relief to obtain Occupancy/Completion Certificate, to form society of the flat purchasers, to get execute conveyance in favour of the society or to make necessary declarations in favour of Association of apartment owners in case it was decided accordingly.
(2.)UNDISPUTED facts are that the above referred property which belonging to opponent No.3 -M/s.Nitin Castings Ltd. is being developed by the builder of which opponent No.2 -Mr.Nirmal B. Kedia is one of the partners. It is a group of buildings including 'Harmony' almost five in numbers, are part of Housing Complex known as "PrestigeGarden". The complainants are the flat purchasers from the building known as "Harmony" and they along with opponent Nos.5to10 agreed to purchaser their respective flats by entering into a separate agreement with the builder during the period 11/01/2005 to 16/04/2010. Majority of the flat purchasers including complainants were put in temporary possession of the respective flats in the year 2008 for doing interior and furnishing. However, since the builder failed to form co -operative society or association of apartment owners and give declarations accordingly, as well as to execute necessary conveyance of transfer of the title, the flat purchasers filed this consumer complaint.
(3.)OPPONENT No.5 is one of the flat purchasers of flat No.904 -Mr.Rusi J. Mehta (correct name is Mr.Rusi J. Mohta) since refused to sign the complaint, he was added as one of the opponents while opponent Nos.6 to 10 were impleaded subsequently as remaining flat purchasers consequent to action taken under Rule 8 of Order I of Code of Civil Procedure, 1908 read with Section 12(1)(c) of the Consumer Protection Act, 1986 ('the Act' for brevity).
Opponent No.5 -Mr.Rusi J. Mohta by filing a separate written version submitted that he is with other flat purchasers and bound by the decision taken by Association of flat purchasers.

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