BEFORE THE HON'BLE STATE CONSUMER DISPUTES REDRESSAL COMMISSION, MAHARASHTRA, MUMBAI First Appeal No. FA/16/2948 (Arisen out of order dated 19/11/2010 passed in complaint No.CC/2007/05 by District Consumer Disputes Redressal Commission, Mumbai Suburban District)

1. M/S T.S. Construction Co.

Having address at ‘D’ Wing, Flat No. 503, 5th Floor, New Sai Mandir Co-operative Housing Society Ltd., S.V. Road, Dahisar (East), Mumbai – 400068

2. Mr. Mehboob A. Kamdar Partner of Appellant No.1, Having address at ‘D’ Wing, Flat No. 503, 5th Floor, New Sai Mandir Co-operative Housing Society Ltd., S.V. Road, Dahisar (East), Mumbai – 400068 ...........Appellants Versus

1. Dhankamal Co-operative Housing Society Ltd., Having registered office at CTS No

593, PestomSagar, Road No. 3, Chembur, Mumbai – 400089

2. Mr. Shankar N. Iyer Residing at – SohilRool Rose, Plot No. 17, TekhandBhavan, 2nd floor, Kopari Colony, Near MTNL Office, Thane (East)

3. Mr. Rajesh Dhananjay Nana Shinde C/o Vedant Enterprises, Flat No. 102, 1st floor, Wing, Rambha Tower, Gangawadi, L.B.S. Road, Ghatkopar(West), Mumbai -400086

4. Mr. Dhananjay Nana Shinde Flat No. 102, 1st floor, C Wing, Rambha Tower, Gangawadi, L.B.S. Road, Ghatkopar(West), Mumbai -400086 ............Respondents BEFORE:

Hon’ble Justice S. P. Tavade, President Hon’bleShri. A. Z. Khwaja, Judicial Member For the Advocate Shri. LatifPirania/w Appellants:

Advocate Ms. ZeenatPirani For the Advocate Shri. SajiraJondhale Respondent I/b Advocate U.B. Wavikar no.1 :

For the None Respondent nos. 2 to 4 ORDER (02/12/2022)

Per: Hon’bleShri. A. Z. Khwaja, Judicial Member [1] The appellant M/S T.S. Construction has preferred the present appeal challenging order passed by learned District Commission, Mumbai Suburban District in consumer complaint no. CC/2017/05 dated 19/11/2010; whereby the District Commission has partly allowed the complaint filed by the respondent no.1 Dhankamal Co-operative Housing Society Ltd. and directed the appellants to pay sum of Rs.9,91,943/- along with interest @ 9% p.a. from the date of filing of the complaint as well as costs and compensation. (The Appellant and the respondent shall be referred by their original nomenclature).

Short facts leading to the filing of appeal may be narrated as under :

[2] The complainant Dhankamal Co-operative Housing Society Ltd. is the society formed by the members and the purchasers of the flats constructed by the opponent no.1 M/S T.S. Construction Company. The opponent no. 1 is the partnership firm and is working as Promoter and Developer and dealing in the construction and sale of flats. The opponent no. 1 sold and entered into agreement with various flat purchasers and given possession in the year 2002 after receiving entire consideration. The complainants have contended that they were ‘consumers’ and the opponents were ‘service provider’. The complainants have further contended that though the opponent had sold flats after receiving entire consideration, they had neglected to provide basic amenities and failed to comply with the contractual and statutory obligations. As per clause 13 of the agreement and under the provisions of Maharashtra Ownership Flat Act, 1964, the opponents had to form and register the society and hand over the original documents and executed conveyance deed; but the opponents have not formed and registered the society. The flat purchasers had to come together and raise contribution and form society, which is duly registered. The opponents have also not provided proper approach road to the society and so the members of the complainant society had to contribute and construct the road by spending sum of Rs. 1,20,000/-. Complainants are entitled for the reimbursement of the said expenses. The opponents are alsonot doing proper management of the building and did not execute conveyance deed and arrange for the occupation certificate. The opponents are not complying with thecontractual and statutory obligations and so the complainant society had to