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S.R.KHANZODE, DHANRAJ KHAMATKAR
Vijay Petamber Mody Unnati Gardens III Opp MA Niketan – Appellant
Versus
Prakash B Chavan – Respondent


Advocates:
Counsel for Parties:
For the Appellant:Mr. Rohan Darandale, Advocate.
For the Respondent No.1:Ms. Rutuja Lokare, Advocate.

ORDER

S.R. Khanzode, Presiding Judicial Member—Advocate Ms. R.R. Lokare files Vakalatnama for respondent No. 1 and files undertaking to file Vakalatnama on behalf of Respondent No.2.

Admit and heard forthwith with the consent of the parties.

This appeal takes an exception to the order dated 31.5.2010 passed in consumer complaint No.402/2008, Mr. Prakash B. Chavan & Anr. v. Mr. Vijay Petamber Mody by District Consumer Forum, Thane.

1. It is a consumer complaint filed by flat purchaser against the builder alleging deficiency in service in respect of delayed possession even though the entire consideration was received by the builder. As per the impugned order, upholding the contention of the complainant, Forum below directed the appellant-builder to handover possession of the flat. Further, ruled out the contention of the appellant/org. OP for claiming additional amount by way of interest on the ground of delayed payment. Also, granted compensation of Rs.1,00,000 to the complainants on the ground of delayed possession and also directed the OP1 appellant herein to accept the charges for maintenance as agreed at the rate of Rs. 1.50 per sq. ft. from March, 2008 to December 2009 and fur










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