BHAWANI TOWER ‘B’ WING CO-OP. HSG. SOC. LTD. VS ARUNODAYA CONSTRUCTION COMPANY

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

A.P.BHANGALE, USHA S.THAKARE
BHAWANI TOWER ‘B’ WING CO-OP. HSG. SOC. LTD. – Appellant
Versus
ARUNODAYA CONSTRUCTION COMPANY – Respondent

Advocates Appeared:
For the Appellant :Mr. C.S. Malhotra and Mr. Uday Wavikar, Advocates.
For the Respondents:Mr. S.B. Prabhavalkar and Mrs. Poonam Makhijani, Advocates.

ORDER :

Usha S. Thakare, Judicial Member—Being aggrieved by the order passed by the learned Add. Mumbai Suburban District Forum in consumer complaint No. CC/12/2010 dated 30.9.2014 original complainant/appellant has preferred present appeal. The impugned order is as under:

“(1)	Complaint is partly allowed.
(2)	It is hereby declared that opponents have indulged in deficiency of service by not executing conveyance deed in respect of B-Wing that is property of the complainant more specifically shown in agreement of sale and to issue occupation certificate of said building.
(3)	The opponents are directed to execute the conveyance deed in respect of building B in possession of complainant, more specifically shown in agreement of sale along with F.S.I. available on it and F.S.I. that would be available in future within four months from the receipt of copy of order by removing the construction available on the plot, more specifically shown in the sanctioned map of A & B Wing, and to issue occupation certificate of building “B

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A.P.BHANGALE, USHA S.THAKAREBHAWANI TOWER ‘B’ WING CO-OP. HSG. SOC. LTD. – AppellantVersusARUNODAYA CONSTRUCTION COMPANY – Respondent

Cases Referred (1)

A.P.BHANGALE, USHA S.THAKARE
BHAWANI TOWER ‘B’ WING CO-OP. HSG. SOC. LTD. – Appellant
Versus
ARUNODAYA CONSTRUCTION COMPANY – Respondent