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V.B.GUPTA, REKHA GUPTA
VIJAYKANT MOTILAL KOTHARI – Appellant
Versus
SAFIRE HOTEL PRIVATE LTD. – Respondent


Advocates Appeared:
Mr. S.N. Bhat and Mr. N.P.S. Panwar, Advocates, for the Appellant; Ms. Meenakshi Lekhi and Ms. Pooja Jain, Advocates, for the

ORDER

V.B. Gupta, Presiding Member - Present petition has been filed under Section 21(b) of Consumer Protection Act, 1986 (for short, Act ) challenging order dated 12.10.2010, passed in (FA No. 617 of 2008) whereby Consumer Disputes Redressal Commission, Mumbai (for short, 'state Commission') dismissed the appeal of petitioner/complainant.

2. Brief facts are that petitioner entered into an agreement with respondent/O.P. for purchase of a shop in Sangamvadi Town Planning Scheme, Pune. The consideration amount was paid and petitioner was put in possession of the shop on 10.7.2001. It is alleged by the petitioner that respondent failed to provide following amenities as per the agreement:

"(i) Respondent has not provided two driveways to the shop from Pune-Mumbai Highway as per the Agreement.

(ii) No separate electricity meter is provided for the shop of the petitioner; and

(iii) Respondent has not formed an Association of apartment holders or a Co-op Society or a Ltd. Company as provided in the agreement."

3. Alleging aforesaid deficiency, petitioner filed consumer complaint before District Consumer Disputes Redressal Forum, Pune (for short, District Forum )

4. Respondent in its written stat

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