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M.S.RANE, R.N.VARHADI
GULAB JAGANNATH SAKHARE – Appellant
Versus
KSHIRSAGAR CONSTRUCTIONS – Respondent


Advocates:
Counsels for the Parties :
For the Appellant :Mr. U.V. Wavikar, Advocate.
For the Respondents:Mr. J.M. Baphna, Advocate.

ORDER

Mr. Justice M.S. Rane, President—We are proceeding to dispose of this appeal at the stage of its admission itself, without going into the merits or demerits of the issues involved therein, as we find that the order of the District Forum impugned in this appeal relegating the complainant to the Civil Court to pursue his remedy is not appropriate in the facts, situation as obtained in the matter herein. The respondents are present through their Counsel Mr. Baphna in response to the notice before admission issued by us on 26.2.2003.

2. Apart from the fact that Advocates for both the parties state that the matter be remitted to the District Forum, on consideration of the material, we notice that even otherwise dispute being the subject mater of the complaint herein would squarely fall within the purview of Consumer Fora. In that, complainant is a flat purchaser and O.Ps. are the Builders and flat purchaser has alleged certain deficiencies on the part of the Builder in rendering services to him. It is to be stated that under Section 2(1)(o) of Consumer Protection Act, 1986 which defines services, “Housing Construction” has also been introduced as a kind of service, which will be a















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