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C. VISWANATH
Bhagirath Co-Operative Housing Society Ltd. – Appellant
Versus
Nahalchand Laloochand Pvt. Ltd. – Respondent


Advocates:
Counsel for the Parties:
For the Complainant:Mr. S.K. Sharma, Advocate with Mr. Uday B. Wavikar, Advocate and Mr. Vikas Nautiyal, Advocate
For the Opp. Party:Mr. Abhishek Mishra, Advocate

ORDER

The Complainant is a registered Co-operative Housing Society, bearing Registration No.MUM/WR/HSG/TC/14327/2008-09. The Opposite Party is the Promoter/Developer of the land bearing C.T.S.No.1456, Survey No.327, Hissa No.6 and C.T.S. No.1455A, Survey No.327, Hissa No.7.

2. The case of the Complainant is that its members had purchased flats with stilt parking places from the Opposite Party in 2006-2007 by executing individual flat purchase agreements and separate agreements for stilt parking places. As per agreement, Opposite Party was to handover possession by 30.12.2007, which they failed to do. The Opposite Party, vide letter dated 04.01.2008, informed the flat purchasers that the construction of Bhagirath building was complete but due to cumbersome process adopted by Brihan Mumbai Mahanagarpalika, the Occupancy Certificate could not be obtained. The Opposite Party, vide letter dated 04.04.2008, intimated the purchasers that completion certificate of the building had been received by the Opposite Party on 11.03.2008 and the water connection was obtained on 27.03.2008 but due to dispute between Reliance Energy and Tata Power Company, electricity supply could not be provided. P

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