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NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI REVISION PETITION NO. 3919 OF 2011 (Against the Order dated 23/09/2011 in Appeal No. 693/2011 of the State Commission Maharastra)
1. KHUBCHAND HEMANDAS SETPAL Having Office at/Shanti Niketan, Netaji Subhashchnadra Road, Marine Lines (W)
Mumbai - 400 002 Maharastra ...........Petitioner(s)
Versus
1. SHEWA APARTMENTS CO-OPERATIVE HOUSING SOCIETY LTD. & ORS.
33/B 3rd Road, Khar (W)
Mumbai - 400 052 Maharastra
2. Mr Sandeep Punjabi, Of Mumbai India Inhabitant R/o Flat No-1 Ground floor Shewa Appartment, 33/B 3rd Road, Khar (W)
Mumbai - 400 052 Maharastra
3. Bhatija Exports R/o Flat No-2 Ground floor Shewa Appartment, 33/B 3rd Road, Khar (W)
Mumbai - 500 052 Maharastra
4. Mr Anil A Prasad R/o Flat No-3 Ground floor Shewa Appartment, 33/B 3rd Road, Khar (W)
Mumbai - 500 052 Maharastra
5. M/s Intermidcs Cardioa Products R/o Flat No-4 Ground floor Shewa Appartment, 33/B 3rd Road, Khar (W)
Mumbai - 400 052 Maharastra
6. Mr Vasumal Meghani R/o Flat No-6 Ground floor Shewa Appartment, 33/B 3rd Road, Khar (W)
Mumbai - 400 052
7. Mr Sushanta Pandhi R/o Flat No-11 first floor Shewa Appartment, 33/B 3rd ...........Respondent(s)
8. Mr Jitender Jain R/o Flat No-12 1st floor Shewa Appartment, 33/B 3rd Road, Khar (W)
Mumbai - 400 052 Maharastra
9. Mr Manoj Gokuldas Masand R/o Flat No-13and 13-A 1st floor ,Shewa Appartment, 33/B 3rd Road, Khar (W)
Mumbai - 400052 Maharastra
10. Mrs Malti Churmal Balchandani R/o Flat No-14 1st floor Shewa Appartment, 33/B 3rd Road, Khar (W)
mumbai - 400 052 Maharastra
11. Mr Srinivas B Naidu R/o Flat No-21 2nd floor Shewa Appartment, 33/B 3rd Road, Khar (W)
Mumbai - 400052 Maharastra
12. Mrs Veena G Nathani R/o Flat No-22 2nd floor Shewa Appartment, 33/B 3rd Road, Khar (W)
Mumbai - 400052 Maharastra
13. Mr Bhagwan Thakudas Balchandi R/o Flat No-24 2nd floor Shewa Appartment, 33/B 3rd Road, Khar (W)
Mumbai - 400 052 Maharastra
14. Nicholas Labroratories India Ltd., R/o Flat No-32, 3rd floor Shewa Appartment, 33/B 3rd Road, Khar (W)
Mumbai - 400 052 Maharastra
15. M/s Gujurat Glass R/o Flat No-34 3rd floor Shewa Appartment, 33/B 3rd Road, Khar (W)
16. Mr Bhagwan Lachmandas Sapra R/o Flat No-41 4th floor Shewa Appartment, 33/B 3rd
17. Mr Lalji Dwarkadas Pal R/o Flat No-42 4thfloor Shewa Appartment, 33/B 3rd Road, Khar (W)
Mumbai - 400 052 Maharastra
18. Dr Vidhya P Chavan R/o Flat No-44 4th floor Shewa Appartment, 33/B 3rd Road, Khar (W)
Mumbai - 400 052 Maharastra
19. Mr Radha Dwarkadas Ahuja , Mr Chandrukumar D.
Ahuja R/o Flat No-51 5th floor Shewa Appartment, 33/B 3rd Road, Khar (W)
Mumbai - 400 052 Maharastra
20. Mrs Puspa Gyamlami R/o Flat No-53 5th floor Shewa Appartment, 33/B 3rd Road, Khar (W)
Mumbai - 400 052 Maharastra
21. Mr Gobind Bajaj R/o Flat No-53 5th floor Shewa Appartment, 33/B 3rd Road, Khar (W)
Mumbai - 400 052 Maharastra
22. Mr Khubi Balchandani R/o Flat No-54 5th floor Shewa Appartment, 33/B 3rd Road, Khar (W)
Mumbai - 400 052 Maharastra
23. Mr kirtikumar Jakharaj Shah R/o Flat No-61 6th floor Shewa Appartment, 33/B 3rd Road, Khar (W)
Mumbai - 400 052 Maharastra
24. Mr Harishchandra Hirala Shah R/o Flat No-63 6th floor Shewa Appartment, 33/B 3rd
25. Mr Ramchand hemantdas Satpap R/o Flat No-5 Ground floor Shewa Appartment, 33/B 3rd Mumbai - 400 052 Maharastra
26. M/s Morajee G SPG And WVG Co Ltd..
R/o Flat No-33, 3rdfloor Shewa Appartment, 33/B 3rd Road, Khar (W)
Mumbai - 400 052 Maharastra
27. Mr Mahesh l Malkhani R/o Flat No-62 6th floor Shewa Appartment, 33/B 3rd Road, Khar (W)
Mumbai - 400 052 Maharastra
28. Municipal Corporation of Greater Mumbai through the Municipal Commissioner having its at Mahapalika Marg Mumbai Maharastra
29. The Chief Engineer Development Planning
4th floor, Fort Mumbai Maharastra
30. Shree Ahuja Properties private Ltd., BN Sphere level 3199, Linking) Road, opp Shoppers Bandra ( W)
Mumbai - 400 050 Maharastra BEFORE:
HON'BLE MR. JUSTICE ASHOK BHAN, PRESIDENT HON'BLE MRS. VINEETA RAI, MEMBER For the Petitioner : Mr.Nidesh Gupta, Sr.Advocate with Mr.Tarun Gupta and Mr.B.P.Pathak, Advocates For the Respondent : For Respondents 1-31 : Mr.S.B. Prabhavalkar, Advocate with (on caveat) Mr.Mohit P. Bhansali, Advocate Dated : 10 Jan 2012
ORDER
Respondents/complainants filed a complaint before the District Forum against the petitioner.
Respondents No.2-31 are the flat owners whereas the petitioner is a builder. District Forum allowed the complaints and directed the petitioner to execute the transfer deed of the property in favour of the complainant No.1, i.e., the housing society. Petitioner was directed to pay Rs.15,000/- to all the complainants collectively towards costs.
Petitioner opposite parties filed separate appeals before the State Commission along with an application for stay. State Commission, by the impugned order dismissed the stay application by observing:
“…………….We find that the conveyance subject to the condition which the appellants are under obligation to execute. Only question remains that the conveyance which appellant desires to execute and which they were willing to execute after incorporating some additional conditions, supra, can be included or not. Further since the appeal is pending, this question can be considered in the appeal. Meanwhile, regular conveyance can be executed reserving rights to incorporate the additional conditions subject to decision of the appeal and therefore, we are not in favour of granting any interim relief in the matter.”
Mr.S.B.Prabhavalkar, Advocate has put in appearance on behalf of the caveator respondents No.1-31. Counsel for the respondents states that the respondents shall not execute the decree passed by the District Forum till the decision of the appeal by the State Commission.
In view of the statement made by the counsel for the respondent, this revision petition has become infructuous and is disposed of as such.
Counsel for the petitioner undertakes not to either start a fresh construction or create third-
party rights in the suit property.
Since the dispute between the parties is very old, we sould request the State Commission to dispose of the appeal expeditiously.
......................J ASHOK BHAN PRESIDENT ...................... VINEETA RAI MEMBER
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