IMPORTANT POINT
Transfer Application –The District Commission is supposed to decide the complaints summarily and preferably within three months.

ORDER

S.T. Barne, Judicial Member—The applicant M/s. Saukhyam Construction through its partners has filed this application for transfer of consumer case no.10/19 and 11/19 pending on the file of District Consumer Dispute Redressal Commission Ratnagiri to the file of District Dispute Redressal Commission Kolhapur. As similar question is involved in both the matters, they are decided by common order.

2. It is the contention of applicants that they are opponents in original complaint and the present respondent Shabbir Sahil Majgaonkar is the original complainant. Said complainant has filed consumer complaint before District Commission Ratnagiri praying for directions and order from the District Commission directing these applicants to hand over the gala in question, together with aminities and facilities as per agreement dated 11/01/2016. The complainant has also claimed Rs.9,00,000/- towards loss incurred in business and Rs.2,00,000/- towards mental agony and harassment. It is the contention of the applicants that the respondent has suppressed the material fact before the District Commission that the respondent has purchased gala from erstwhile Owner by agreement dated 18/10/1996, wherein he was conducting his business. These applicants intended to redevelop the property where said gala was situated. The respondent therefore, approached the applicants and started negotiating with them. The respondent compelled the applicants to enter into agreement dated 11/01/2016 whereby the respondent agreed to provide gala in question admeasuring about 350 sq.ft. along with covered parking space of 350 sq.ft. in lieu of old shop occupied by respondent and his father. The respondent showed his intention to purchase one more gala admeasuring about 150 sq.ft. It is further alleged by the applicants that they received notice dated 21/07/2017 from Advocate of Rajapur Urban co-operative Bank Ltd. Whereby the bank has informed to the applicants that respondent had obtained loan of Rs.20,00,000/-, from the said bank by executing mortgage deed on old gala as co-lateral security. The bank has also informed the applicants that the respondent has executed said documents fraudulently with applicants without intimating the bank about redevelopment of the property and that they are allotting new gala to the respondent. The bank termed the said transaction as illegal and directed to respondent bank to deposit entire loan amount. In view of the said notice, the applicants’ refrained themselves to hand over new gala to respondent despite of obtaining occupancy certificate in respect of the property claimed by the respondent on 14/03/2018, though they intended to comply the alleged agreement and to resolve the issue amicably. The respondent has played fraud and cheated the applicant concealing the fact of mortgage executed in favour of bank and loan obtained and violated terms of agreement. The District Commission has no jurisdiction and not competent to decide the issues involved in the proceeding. The applicants have filed separate Civil Suit against the respondents wherein the respondent have filed counter claim claiming the same relief claimed before Consumer Commission. The respondent also filed complaint before Maharashtra RERA Authority claiming similar relief. Therefore, it is dismissed by RERA Court.

3. It is the contention of applicants that keeping in mind the aforesaid factual legal position, they have filed application at Exh.57 on 17/11/2021 before District Commission, Ratnagiri, thereby praying for direction to issue witness summons to bank for producing loan documents. The Hon’ble Member Smt.Manisha Kulkarni of District Commission Ratnagiri has allowed the application by directing the bank to produce loan documents sought by the applicants. Subsequent to said order, the Commission presided over by Hon’ble Member Shri. Vijay Kumar Jadhav and Member Shri. Shrikant Kumbhar by order dated 14/01/2022 on Exh.57. Shri.Vijay Kumar Jadhav allowed the ap