HARMONY CO-OP HOUSING SOCIETY Vs. PRESTIGE BUILDERS
MAHARASHTRA STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Harmony Co -Op Housing Society
Referred Judgements :-
FAQIR CHAND GULATI V. UPPAL AGENCIES PVT. LTD. AND ANR
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S.R.KHANZODE, J. -
(1.)THIS consumer complaint which is in nature of class action petition as far as flat purchasers from building œHarmony in a complex known as œPrestige 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
(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 œHarmony almost five
in numbers, are part of Housing Complex known as œPrestige Garden .
The complainants are the flat purchasers from the building known as
œHarmony and they along with opponent Nos.5 to l0 agreed to
purchaser their respective flats by entering into a separate agreement
with the builder during the period 11.1.2005 to 16.4.2010. 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 1 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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