STATE CONSUMER DISPUTES REDRESSAL COMMISSION, MAHARASHTRA, MUMBAI Consumer Complaint No.CC/17/1398 Mrs. Samina Noor Mohammed Ghouse Adult, Occupation – business, Indian inhabitant, residing at Flat No.C-1, Savala, Ram Chawl, Chimat Pada, marol Naka, Andheri (E), Mumbai – 400 059. ………. Complainant Versus

1. M/s. Star Developers & Three Star Construction Pvt. Ltd. Through its Partners Directors (a) Mr. Abrat K. Khan (b) Mr. Furqaan Khan, (c) Mr. Imraz Khan, Having address at Shop No.12, Akber Ali Compound, Near M. Palace Hotel, R.M. Road, Oshiwara, Jogeshwari (West), Mumabi – 400 102.

2. M/s. Star Developers Pvt. Ltd.

Having registered office at Kiran, 128, Bhaudaji Road, Matunga, Mumbai – 400 019.

3. Pazambalacode E. Subramania Krishnan An adult, Indian inhabitant, occupation: Business, having address at Flat No.32, PVM+RRP Arpan Apartment, Opp. Municipal Market, Vallabhai Road, Vile-Parle (W), Mumbai – 400 056.

4. Pravin Vraijal Sheth, An adult, Indian inhabitant, occ,: Business Kiran 128, Bhaudaji Road, Matunga, Mumbai – 400 019.

5. Divyakant Chhabidas Mehta Ab adult, Indian inhabitant, occu,: Business Having address at Flat no.903, 9th Floor, Silver Court, M.G. Road, Ghatkoper (E), Mumbai – 400 077. ………. Opposite Parties BEFORE:

Hon’ble Mr. Mukesh V. Sharma, Presiding Member Hon’ble Ms. Poonam V. Maharshi, Member PRESENT:

For the Complainant : Advocate Rupa Mittal For Opposite Party No.1: Advocate Anand Nikhil For Opposite Party No.2 to 4: Advocate Hiral Bhatia For Opposite Party No.5: Vaibhav Mehta JUDGMENT (09-07-2025)

Per: Hon’ble Ms. Poonam V. Maharshi, Member.

1. The Complaint is filed under section 17 of the Consumer Protection Act 1986 by the Complainant alleging deficiency in service and unfair trade practice against the Opposite Parties within the meaning of deficiency in service under section 2(1)(g) of the Consumer Protection Act 1986.

2. The Case of complainant in short is that in the month December 2011 the Complainant came across the publication in the daily newspaper done by Opposite Party No. 1 representing themselves to be the owners and property Kajupada. G.B Road, Near Golden Valley Resort, Village Chena, District Thane. Relying upon the representations made by Opposite Party No.1. The Complainant agreed to purchase flat No.803 1 BHK admeasuring 320 sq.ft. carpet area for a total consideration of Rupees 6,60,000/- out of which the complainant has paid Rs.5,00,000/- both parties executed the MOU dated 11-04-2012. The Complainant approached Opposite Party No.1 for seeking clarification regarding the construction and possession of the said flat. But on each and every occasion Opposite Party No.1 evaded the Complainant with one and the other false excuses and assurances the Complainant personally visited the said property around the last week of May 2014 when she was shocked to notice that there is no progress in the work of construction on the said property. The Complainant telephonically contacted to Opposite Party No.1 Director, but they rejected the calls received from the Complainant. Thereafter the Complainant searched through government website of Registrar of Companies wherein the Complainant was shocked and stunned to learn that Opposite Parties Nos.3 to 5 are the Directors of M/s. Star Developers Pvt. Ltd. i.e. Opposite Party No.1 has been acting as the Developers of the said Property the relationship whereof has never been mentioned in the said MOU dated 11-04-2012 executed in favour the Complainant for sale and transfer of the said Flat. The Complainant has further submitted that under the aforementioned circumstances it has become crystal clear that by acting collusion and hand-in-gloves with each other the Opposite Parties have induced the Complainant to part with the substantial amount. As the Opposite Party did not pay any heed to the Complainant’s request having no other alternative the Complainant sent notice dated 07-06-2014 through his Advocate upon the Opposite Party No.2 to refund the said amount