STATE CONSUMER DISPUTES REDRESSAL COMMISSION CIRCUIT BENCH NAGPUR FIRST APPEAL NO. SC/CB2/27/A/495/2015 SHRI.TANUJI VASANT SHINDE PRESENT ADDRESS - FLAT NO-6,KAMLA TOWERS,PLOT NO-2,INDORA CHOWK,KAMPTEE ROAD,NAGPUR,MAHARASHTRA.

SHRI.MANISH SUKHCHAND NANDESHWAR PRESENT ADDRESS - FLAT NO T-4,KAMLA TOWERS,PLOT NO-2,INDORA CHOWK,KAMPTEE ROAD,NAGPUR,MAHARASHTRA.

SHRI.MANSUKLAL SHYAMJI CHAWADA PRESENT ADDRESS - BLOCK NO S-7,KAMLA TOWERS,PLOT NO-2,INDORA CHOWK,KAMPTEE ROAD,NAGPUR,MAHARASHTRA.

SHRI.KAMLESH GOPALRAO WALDE PRESENT ADDRESS - FLAT NO T-8,KAMLA TOWERS,PLOT NO-2,INDORA CHOWK,KAMPTEE ROAD,NAGPUR,MAHARASHTRA.

SHRI.GAUTAM GOPALRAO WALDE PRESENT ADDRESS - FLAT NO S-8,KAMLA TOWERS,PLOT NO-2,INDORA CHOWK,KAMPTEE ROAD,NAGPUR,MAHARASHTRA.

DR.VINOD S/O.SHARAN SUKHJA PRESENT ADDRESS - BLOCK S3,S4,F-2,3,4,KAMLA TOWERS,PLOT NO-2,INDORA CHOWK,KAMPTEE ROAD,NAGPUR,MAHARASHTRA.

DR.PADMJA VINOD SUKHIJA PRESENT ADDRESS - S3,S4,F-2,3,4,KAMLA TOWERS,PLOT NO-2,INDORA CHOWK,KAMPTEE ROAD,NAGPUR,MAHARASHTRA.

DR.PRANAY NILKANTH LANJEWAR PRESENT ADDRESS - FLAT NO T-7,KAMLA TOWERS,PLOT NO-2,INDORA CHOWK,KAMPTEE ROAD,NAGPUR,MAHARASHTRA.

DR.PRAFULLA TULSIDAS SAHARE PRESENT ADDRESS - BLOCK S-6,KAMLA TOWERS,PLOT NO-2,INDORA CHOWK,KAMPTEE ROAD,NAGPUR,MAHARASHTRA.

SHRI.CHANDRAKUMAR RADHAKRISHNAN GIDWANI PRESENT ADDRESS - BLOCK NO-G-19,KAMLA TOWERS,PLOT NO-2,INDORA CHOWK,KAMPTEE ROAD,NAGPUR,MAHARASHTRA.

DR.NARESH SHYAMSUNDAR GURBANI PRESENT ADDRESS - BLOCK-F8,KAMLA TOWERS,PLOT NO-2,INDORA CHOWK,KAMPTEE ROAD,NAGPUR,MAHARASHTRA.

SHRI.NARENDRA BALKRUSHNAJI DHANVIJAY PRESENT ADDRESS - FLAT NO 14,KAMLA TOWERS,PLOT NO-2,INDORA CHOWK,KAMPTEE ROAD,NAGPUR,MAHARASHTRA.

.......Appellant(s)

Versus M/S.TIRUPATI CONSTRUCTIONS PRESENT ADDRESS - ACTING THROUGH PROP. SHRI. RUPESH MOHIT SHAH C/O NATIONAL MEDICAL STORES, 89/90, G.M. MARKET GANDHIBAG, FAWARA SQUARE NAGPUR-440002,MAHARASHTRA.

DR.MADHUKAR SHAMRAO WASNIK PRESENT ADDRESS - PLOT NO-51,SHIVAJI NAGAR,NEAR RAM NAGAR SQUARE,MAHARASHTRA.

SHRI.RAVINDRA SHAMRAO WASNIK PRESENT ADDRESS - NIT RAMAJI AMBEDKAR SOCIETY,NEAR HOUSE OF GANVIR,MANKAPUR,MAHARASHTRA.

SHRI.BHARAT SHYAMRAO WASNIK PRESENT ADDRESS - R/O PLOT NO. 221, NARI ROAD, POST-UPPALWADI, BANK COLONY, NALANDA NAGAR NAGPUR-26,MAHARASHTRA.

.......Respondent(s)

BEFORE:

HON'BLE MRS. KALYANI KAPSE , PRESIDING MEMBER HON'BLE MS. SHAILA D. WANDHARE , MEMBER FOR THE APPELLANT: S.N.KUMAR (Advocate)

DATED: 14/11/2025

ORDER

ORDER

(Delivered on 14.11.2025.)

Per Ms. Shaila D. Wandhare, Hon’ble Member.

1. The appellants/original complainants namely Tanaji Vasant Shinde and 11 other have preferred the present appeal under Section 15 of the Consumer Protection Act 1986 challenging the order passed on 16/07/2015 in Consumer Complaint No.CC/490/2011 (hereinafter it is referred to in short as “impugned order”) of the learned District Consumer Disputes Redressal Forum, Nagpur (hereinafter it is referred to in short as “learned District Forum”) by which the complaint filed by appellants being complainants came to be dismissed.

2. The parties of the appeal are hereinafter referred to by their original nomenclature as complainant and opposite parties respectively for better appreciation.

3. The facts that emerge from the original complaint are that the complainants purchased flats from the opposite party (O.P.), wherein O.P. No.1 is a commercial construction company and O.P. Nos.2 to 4 are the owners of Plot No.2, Mauja-Indora who sold the said property to O.P. No.1 on 15/07/2011. The O.P. No.1 thereafter constructed a multi-storey building “Kamala Towers” consisting of residential flats and commercial premises which sold and delivered possession of the same to the complainants and other purchasers. As per the information sheet provided at the time of purchase, two passengers lifts (Elevators) of 10 persons capacity were to be installed and a compound wall or fence with barbed wire and other necessary facilities were to be provided. However, the O.P. No.1 has failed to provide these promised facilities despite col