SILVER TOWERS, A CO-OPERATIVE HOUSING SOCIETY LIMITED Vs. THALY CONSTRUCTIONS

JUDGEMENT

(1.) THE complainant is a Co -operative Housing Society registered under the Maharashtra Co -operative Society Act, 1960 extended to the State of Goa. The Silver Towers Building "A" consists of fourteen flats and twelve shops out of which 18 premises holders are members of the complainant -Society. The complainant alleges deficiency in services rendered by the opposite parties for their refusal to transfer and convey the undivided rights and share in land and the building in its favour. The opposite party No.1 is the builder of Silver Towers Building "A" while the remaining opposite parties are premises holders who have executed deeds of sale of their respective premises.

(2.) IN a nutshell, it is the complainant s case that the opposite party No. 1 entered into separate but identical agreements of sale with individual purchasers. Clause 17 of the Agreement stipulated that the premises holder agreed to sign all papers as may be required by the opposite party No. 1 for protection of rights of other purchasers or for abiding by any rules or regulations framed in respect of the building by the opposite party No. 1 or other purchasers of premises in the building. The premises holders also agreed to be members of any Co -operative Society that may be formed by the opposite party No. 1 or the other purchasers of premises in the building. A majority of premises holders decided to form a Co -operative Housing Society, and addressed a legal notice to the opposite party No. 1 calling upon him to furnish his no objection to the formation of the Co -operative Housing Society for submitting to the Registrar of Co -operative Societies. The opposite party No. 1, in their reply informed that on account of impossibility of formation of Co -operative Society, they executed Conveyance Deeds in favour of some premises holders. They furnished their no objection to formation of the Co -operative Society and undertook to transfer the undivided proportionate share in favour of the Society excluding the undivided share already transferred in favour of the other opposite parties on condition that the premises holders to whom their rights were transferred aforesaid (i.e. the remaining opposite parties) also convey and transfer their undivided share in favour of the Society and further that all premises holders should join as members of the complainant Society. The complainant alleged that the opposite party No. 1 s action of executing sale deeds with some premises holders on their own assuming "impossibility" of formation of Co -operative Society was in clear breach of Clause 17 of the agreement of sale.

(3.) THEREAFTER , the complainants Society was registered, and once again took up the issue of conveyance with the opposite party No. 1. However, the opposite party No. 1 reiterated the stand taken by it. After some exchange of correspondence, the complainants filed the present complaint. They are seeking a direction to the opposite parties to execute and register a proper deed of conveyance transferring their undivided share in land acquired by them under various conveyance deeds in favour of the complainant Society and for compensation aggregating to Rs. 6,00,000.