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INDER JIT SINGH
Akshay Doshi – Appellant
Versus
G. Sundar – Respondent
ORDER
The present First Appeal (FA) has been filed by the Appellant against Respondents as detailed above, under section 19 of Consumer Protection Act 1986, against the order dated 03.04.2017 of the State Consumer Disputes Redressal Commission Maharashtra (hereinafter referred to as the ‘State Commission’), in Consumer Complaint (CC) no. 111 of 2009 inter alia praying for setting aside the order dated 03.04.2017 of the State Commission. The Appellant was Opposite Party (OP) No.2 before the State Commission and the respondents were Complainants before the State Commission. The respondents appeared as Caveators on 17.08.2017, therefore no notice was issued to the Respondents. Parties filed Written Arguments / Synopsis on 05.01.2023 (Appellant) and 28.10.2022 (respondents) respectively, Compilation of Case laws have also been filed by the parties on 16.04.2024 and 12.04.2024 respectively. Delay in filing the FA is condoned after considering the reasons stated in IA No. 9049 of 2017 and those adduced during the hearing.
2. Brief facts of the case, as emerged from the FA, Order of the State Commission and other case records are that Original Complainant Smt. G..Sivayogam (since deceased
(i) Dissolution – The dissolution of a partnership firm does not absolve its partners from obligations under the Maharashtra Ownership Flats Act, 1963(2) Agreement – OP No.1 firm having accepted adva....
(1) Civil court - the case of the complainants is falling under ‘housing category’ and does not involves any complication question of facts, which can easily be decided by this commission and the mat....
Party payment - The complainant undoubtedly is entitled to be duly compensated for the loss and injury inflicted upon him. He is also entitled to a flat in lieu of which he had made part payment.
Alternate Flat – In the instant case, the impugned order has rightly upheld the prayer of the appellant for possession and ordered the handing over of possession of the alternative flat to the appell....
(1) Housing Construction or business activity – Housing construction or building activity carried on by a private or statutory body constitutes ‘service’ within the ambit of Section 2(1)(o) of the Ac....
Consumer complaints regarding property booking must adhere to statutory obligations, including executing agreements upon receipt of payments.
“Since the possession of subject flats were not delivered within the stipulated time, allottee held entitled for refund of amount deposited with interest.”
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