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V.B.GUPTA, SURESH CHANDRA
SAWALI HOME MAKERS PVT. LTD. – Appellant
Versus
SMITA SHIVAJIRAO KAWALE, SHIVAJIRAO AMBAJIRAO KAWALE – Respondent


Advocates Appeared:
Mr. S.K. Pattjoshi, Sr. Advocate with Mr. S.K. Ghosh and Mr. Somesh K. Dubey, Advocates, for the Appellant; Ms. K. Sarada Devi, Advocate, for the Respondent

ORDER

Mr. Justice V.B. Gupta, (P.M) - In above appeals, facts are similar and common question of law is involved, hence these are being disposed of by this common order.

2. Facts as enumerated in (Consumer Complaint No. 103 of 2011), Mrs. Smita Shivajirao Kawalev. Saivali Home Makers Pvt. Ltd. and Others, filed before State Commission from which (First Appeal No. 809 of 2013) has arisen, it taken as the lead case.

3. Respondent/Complainant booked Flat No. 104 in the project launched by Appellants/Opposite Parties-Sawali Home Makers Pvt. Ltd. and others, located at Vishal Nagar, Pune. Respondent paid booking amount of Rs. 25,00,000 to the appellants. The total agreed price was Rs. 34,10,000. Receipt No. 010, dated 6.12.2008 for Rs. 25,00,000 was issued by the appellants. It is stated that appellants executed an unregistered agreement on 5.12.2008, which do not stipulate the date of possession. However, provisions of Maharashtra Ownership of Flats Act, 1963, provide period of 2 years for handing over possession, which expired on 5.12.2010. In spite of paying advance amount of Rs. 25,00,000, appellants avoided to register the sale deed. Though notice was issued, but there was no positi

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