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2022 Supreme(Online)(Del) 7379

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI
Not Mentioned, Not Mentioned
Dr. Hari A. Nagpal (H.U.F.) – Appellant
Versus
Mohini Shelters Pvt. Ltd. – Respondent
Consumer Complaint | CC / 11/17

Advocates:
For the Appellants/Petitioners: Mr. Mohit P. Bhansali
For the Respondents: Mr. Uday B. Wavikar

The complaint was dismissed for lack of evidence supporting claims of coercion and non-entitlement to additional flats, affirming the definition of consumer under the Consumer Protection Act.

Headnote:(A) Consumer Protection Act, 1986 - Sections governing complaint dismissal - Claim for flat possession and associated compensation for services denied - Appellant asserts entitlement based on alleged agreements and redevelopment assurances - Court finds complainant’s claims unsupported due to coercive agreements and absence of timely complaints, leading to dismissal. (Paras 1-14)

(B) Scope of Consumer Protection - Definition of consumer under the Act - Appellants’ contention of consumer status denied by respondent, stating non-existent flat claims and additional demands were coerced, impacting the maintainability of complaint. (Paras 7, 8)

Facts of the case:
The appellant claimed ownership of additional flats based on redevelopment assurances, leading to an agreement that was challenged as coercive. Deficiencies in service were alleged after delayed possession and unfulfilled payment obligations were cited.

Findings of Court:
The appellant's claims were dismissed due to established coercive agreements, absence of valid flat claims, and lack of consumer entitlement.

Issues: The main legal issues included the validity of agreements signed under alleged coercion and whether the complaints constituted valid consumer grievances.

Ratio Decidendi: The absence of supportive evidence for the claims regarding additional flats and the nature of the agreements led to the conclusion that the appellant was not entitled to the relief sought.

Result: Appeal dismissed.

Table of Content
1. appellant's claim for additional flat ownership and compensation is based on redevelopment agreements. (Para 2 , 4 , 5 , 6)
2. responses from the opposite party challenge the validity of the appellant's claims due to alleged coercive agreements. (Para 7 , 8 , 9)
3. the court found the agreements in question as coercive and concluded that consumer claims were unsupported and dismissed the appeal. (Para 10 , 11 , 12 , 13 , 14)

1. Heard Mr. Mohit P. Bhansali, Advocate, for the appellant and Mr. Uday B. Wavikar, Advocate, for the respondent.

2. Dr. Hari A. Nagpal (H.U.F.) (the complainant) has filed above appeal from the order of Maharashtra State Consumer Disputes Redressal Commission, dated 6.2.2014, passed in CC / 11/17, dismissing the complaint.

3. The office has reported 29 days delay in filing the appeal. The appellant has filed IA / 3003/2014 for condonation of delay. Cause shown is sufficient. The delay in filing the appeal is condoned.

4. One New Shri Ramanagar Cooperative Housing Society Ltd., CTS No.F / 1532, 5th Road, Khar West, Mumbai - 400052 was owner of a building, situated on plot 579 (area 723.20 sq. meter) at village Bandra, taluqa Andheri, district Mumbai Suburban. One Vintage Apartments Cooperative Housing Society, CTS No.F / 1529, 5th Road, Khar West, Mumbai - 400052 was owner of a building, situated on plot 580 (area 752.50 sq. meter) at village Bandra, taluqa Andheri, district Mumbai Suburban. These societies obtained Structure Feasibility Reports of its buildings and on its basis decided to reconstruct / redevelop the buildings in the meeting of general bodies of the societies. They invited redevelopment offers from qualified builders. M/s. Mohini Engineers and Contractors gave an offer for redevelopment, which was approved by general body of the societies on 26.8.2007. M/s. Mohini Engineers and Contractors transferred development rights to Mohini Shelters Pvt. Ltd. (the opposite party) on 29.8.2007. Both the societies agreed for construction of single building on plots 579 and 580, aforesaid and also amalgamation of two societies. A registered development agreement dated 31.12.2007 was executed between New Shri Ramanagar Cooperative Housing Society Ltd., Vintage Apartments Cooperative Housing Society and Mohini Shelters Pvt. Ltd. (the opposite party). The new building was constructed in the name of Mohini Heights on plots 579 and 580, aforesaid and new society is named as Mohini Heights Cooperative Housing Society.

5. Dr. Hari A. Nagpal(H.U.F.) (the appellant) filed CC / 11/17 for directing the respondent (i) to handover possession of the flat in the newly constructed / redeveloped building Mohini Heights as per approved plan, as per agreement, along with all the amenities, (ii) to pay Rs.25 lacs with interest @18% per annum as compensation for deficiency in service, (iii) to pay Rs.688730 as rent and penalty (iv) to pay cost of litigation and (v) any other relief which is deemed fit and proper in the facts and circumstances of the case.

6. Dr. Hari A. Nagpal(H.U.F.) (the appellant) stated that he owned a flat in the building of New Shri Ramanagar Cooperative Housing Society Ltd., situated on plot 579 (area 723.20 sq. meter) at village Bandra, taluqa Andheri, district Mumbai Suburban. The opposite party impressed the complainant and other members of the societies with its redevelopment plan. The opposite party assured that additional area would be given in new construction and upon deposit of Rs.1960 per sq.ft., the residents would be provided all the amenities along with open car parking space and corpus. On the assurance of the opposite party, the members of the society approved development agreement dated 31.12.2007. In lieu of his old flat No.A - 04, the opposite party allotted flat No. 401 (carpet area 700 sq.ft.) on the 4th floor of new building being constructed by way of redevelopment. The Municipal Corporation approved layout plan and issued Commencement Certificate of new buildi

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2022 Supreme(Online)(Del) 7379

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHINot Mentioned, Not MentionedDr. Hari A. Nagpal (H.U.F.) – AppellantVersusMohini Shelters Pvt. Ltd. – RespondentConsumer Complaint | CC / 11/17

The complaint was dismissed for lack of evidence supporting claims of coercion and non-entitlement to additional flats, affirming the definition of consumer under the Consumer Protection Act.

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI
Not Mentioned, Not Mentioned
Dr. Hari A. Nagpal (H.U.F.) – Appellant
Versus
Mohini Shelters Pvt. Ltd. – Respondent
Consumer Complaint | CC / 11/17