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M.K.JOSHI, M.S.PARIKH
NIRANJANBHAI CHOKSI – Appellant
Versus
KANAKNIDHI CORPORATION – Respondent


Counsels for the Parties :
For the Complainant :Mr. M.R. Bhatt, Advocate.
For the Opponents :Mr. A.V. Thakkar & Mr. N.M. Rajput, Advocates.

ORDER

Mr. Justice M.S. Parikh, President—By way of this complaint the complainant has prayed for following reliefs :

“(a) Direct the opponents to remove the defects in construction incurring minimum expenses of Rs. 2,40,500/-, of premises by taking all necessary steps in accordance with relevant building laws, rules, and the notifications issued by the concerned authorities, and

(b) Direct the opponents to pay the Impact Fees of Rs. 15,88,955/-, Municipal Taxes of Rs. 1,21,893/-, Cess, Levies and Fees as are payable in accordance with the agreement and confirmation made by the opponents so as to regularize the occupation of the premises purchased by the complainant.

(c) Direct the opponents to pay a total amount of Rs. 19,51,348/- towards above claims.”

2. Opponent has resisted this complaint inter alia on the ground that this complaint is not maintainable at law as the complainant cannot be said to be a ‘consumer’, that this Commission will not have jurisdiction to try and decide this complaint as highly complicated questions of facts and law arise and detailed and elaborate evidence is required, that the transaction alleged in the complaint is for commercial purpose, that R.C.S. No. 2






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