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SUBHASH CHANDRA
Eden Garden Co-Operative Housing Society Ltd. – Appellant
Versus
Mahaveer Builders – Respondent


Counsel for the Parties:
For the Complainant:Mr. S.S. Katyal, Advocate with Mr. Nihal Singh, Advocate
For the Opp. Party:Mr. Yashraj Singh Deora, Advocate with Mr. Priyesh Mohan Srivastava, Mr. Siddhant Singh, Advocates

ORDER

This consumer complaint under Section 21 (a) (i) of the Consumer Protection Act, 1986 (in short, ‘the Act’) has been filed by the complainant society which is a Co-operative Housing Society registered under the Maharashtra Co-operative Societies Act, 1960 and was registered on 03.12.2008. The complainant alleged deficiency in service on the part of the opposite party in not providing maintenance / amenities as agreed to in the Agreement for Sale arising on account of non-refund of the deposits received by the opposite party from the members of the complainant society and not providing proper books of accounts for the utilization of the same.

2. The facts of the case, in brief as stated by the complainant, are that the Eden Garden project comprising of 12 buildings having 315 flats was constructed in three phases commencing from 1997-98 and completed in 2003. The opposite party, Mahaveer Builders, had collected various amounts as security deposit for life time maintenance @ Rs.45 per sq. ft., security deposit for amenities, maintenance @ Rs.15 per sq. ft., M.S.E.B. charges @ Rs. 15 per sq. ft., society shares, legal fee, society deposit and telephone deposit for EPABX. The Agr

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