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V.B.GUPTA
SHREE SAI DEVELOPERS PVT. LTD. – Appellant
Versus
VILAS GANPAT GHORPADE – Respondent


Advocates Appeared:
Mohd. Wasay Khan, Advocate, for the Appellant; Pawan Kumar Ray, Advocate, for the Respondent

ORDER

V.B. Gupta, (P.M) - Delay condoned.

2. Appellants/Opposite Parties No.1 to 3 have filed this appeal in which there is challenge to impugned order dated 24.02.2014, passed by State Consumer Disputes Redressal Commission, Maharashtra, Mumbai (for short, 'State Commission) in Complaint Case No.CC/09/34 vide which the consumer complaint filed by Respondent/Complainant was partly allowed.

3. The brief facts of this case are, that respondent executed a registered agreement with the appellants on 25/10/2005 for purchase of flat bearing No.903 admeasuring 945 sq.ft. built-up area on 9th floor in 'D building, in Golden Park Tower, a project developed by the appellants for agreed consideration of Rs. 20,79,000/- . Possession of flat was to be delivered on or before 30/06/2007. Respondent paid an amount of Rs. 5,40,540/- against the agreed consideration. Appellants sent demand notice dated 13/07/2007 for amount of Rs. 3,95,010/- outside the purview of terms & conditions of the agreement. The consumer complaint has been filed by respondent alleging deficiency in service against the appellants praying for direction to hand over possession of the flat and not to create third party interest.

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