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M.B.SHAH, RAJYALAKSHMI RAO
Sharda Co-operative Hsg. Society through Chairman – Appellant
Versus
Ashish Shelters and Developers Pvt. Ltd. through Director Shri Bhaskar Mahadeo Borde – Respondent


Advocates:
Counsel for the parties:
For the Petitioner:Mr. Ashutosh Sharma, Advocate.
For the Respondent No. 1: Nemo.
For the Respondent No. 2:Mr. Abhishek K. Rao, Advocate.

ORDER

M.B. Shah, President — In Complaint No. 390/1998, filed before the District Forum, Nasik, the complainant contended that M/s. Ashish Shelters & Developers floated a number of construction schemes at Nasik. One of the schemes was in Survey No. 251/1/1 for which an advertisement was given. As the complainant was in need of a house for his residential purposes, he gave the purchase price from time to time. It was pointed out that for allotting the constructed houses, agreement was also executed on 1.1.1992, which was Notorized and Registered. It was pointed out that the complainant had paid, in all, a sum of Rs.63,500/- and as per the agreement, the Builder was required to deliver the possession within 18 months. The Builder neither constructed the house nor handed-over the possession. Instead of delivering the possession of the house to the complainant, it was contended that the Builder gave possession of all the constructed houses to the members of Sharda Co-operative Housing Society. When the complainant came to know about it, Notice was given to the Builder as well as to the Society. Hence, Complaint No.390 of 1998 was filed before the District Forum Nashik.

2 After hearing th















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