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BINOY KUMAR, SAROJ YADAV
Dev Siddhi Co-Operative Housing Society Limited – Appellant
Versus
Siddhi Construction – Respondent
ORDER
Binoy Kumar, Presiding Member—The present Consumer Complaint has been filed under Section 21(a)(i) of the Consumer Protection Act, 1986 (for short “the Act”) by Dev Siddhi Co-Operative Housing Society Ltd. (hereinafter referred to as the “Complainant”) against M/s Siddhi Construction & Ors. (hereinafter referred to as the “Opposite Parties”) alleging deficiency in service on the part of the Opposite Parties.
2. The Complainant is a Society registered under the Maharashtra Co-Operative Societies Act, 1960. The Opposite Party No. 1 is a partnership firm of partners Mr. Vilas Thakursingh Patil (Opposite Party No.2) and Mr. Krishna Trimbak Bhoir (Opposite Party No.3) engaged in the business of providing services related to development and construction of buildings.
3. The facts leading up to the present Complaint, as stated in the Complaint, are that as per an agreement dated 10.03.2000, the Opposite Parties obtained development rights for a plot measuring 3744.40 sq. meters, being Survey No.35, Hissa No.6, located in Village Vadavli, Ghodbunder Road, Thane, within the Thane Municipal Corporation limits (hereinafter referred to as “the said plot”). Although the Opposite Parties clai
Consumer Complaint – Limitation – Failure of respondent to obtain occupation certificate is a deficiency in service on part of Builder and constitutes continuing cause of action.
The failure to obtain an occupancy certificate constitutes a continuing wrong, rendering the consumer complaint maintainable under the Consumer Protection Act.
The complaint was dismissed as time-barred and not maintainable under the Consumer Protection Act, 1986 because the relief sought was not within the purview of the Act.
In the event of failure to give possession of flat as agreed, purchaser is entitled to approach Consumer Commission.
In the event of failure to give possession of flat as agreed, purchaser is entitled to approach Consumer Commission.
(1) Arbitration Clause – Arbitration Clause in the Agreement does not bar the jurisdiction of the Consumer Fora to entertain the Complaint.(2) Additional Amount – Developer is entitled to charge the ....
Consumers cannot be compelled to accept possession of property without proper approvals; they are entitled to refund and compensation for delays.
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