HANSA KHETSHI DESAI (DEDHIA) AND ORS. Vs. EVERGREEN CO-OPERATIVE HOUSING SOCIETY AND ORS.

JUDGEMENT

(1.) This appeal is directed against the order passed by the Mumbai Suburban District Consumer Disputes Redressal Forum partly allowing consumer complaint No. 434/2008 and directing the appellants amongst other opponents to execute the conveyance as also to furnish Occupation Certificate and Completion Certificate. The forum also directed that if the opponents failed to comply with the order within six months, the opponents would have to pay penalty of Rs. 500/ - per day. Forum also directed opponents to pay compensation of Rs. 50,000/ - and costs of Rs. 15,000/ -. Aggrieved thereby, appellants are before us. Facts which are material for deciding this appeal and about which a dispute cannot be raised are as under: -

(2.) The complainant housing society was registered on 21/09/1987. It comprises of members, who had purchased flats from M/s. R&D Enterprises -opponent No. 1 by various agreements, all executed in the year 1980 -81. Notices were issued to the opponents for various deficiencies on 03/05/2008 and, thereafter, the complaint was filed on 14/08/2008. The complainant society sought a direction to the opponents to obtain O.C., building completion certificate, execute conveyance and furnish details of flats transferred by the opponents as also to provide a number of original documents.

(3.) The complaint was contested by the opponents/present appellants, who were arrayed as opponent Nos. 2 & 4. They claimed that the complaint was filed about 20 years after the registration of the society and, therefore, was hopelessly barred by limitation. They also claimed that the partnership had been dissolved. One Mr. Joseph Rodrigues was original partner of the firm, who had not been joined as a party and so were the owners of the land, whose names had been disclosed in the agreement with the flat purchasers. It was also stated that suit No. 227/1984 was pending in the High Court having been filed by heirs of Joseph Rodrigues, partner who had a substantial stake. They therefore prayed for dismissal of the complaint.