STATE CONSUMER DISPUTES REDRESSAL COMMISSION MAHARASHTRA AT MUMBAI 1] Sanjay Shankar Chavan At Present Residing At – B-101, Kalpataru Tower CHS Ltd., Chinchpada, Station Road, Kalwa (West), Thane 400605 .. Complainant in CC/17/1491

2] Narendra Arjun Ayeer, At Present Residing At - 27/268, Ekta Nagar, Mahavir Nagar, New Link Road, Kandivli (West), Mumbai 400 067. .. Complainant in CC/17/1492

3] Meenakshi Shrikrishna Bandekar, At Present Residing At - 603, Yamuna CHS Ltd, Green View Complex, Ner Nancy S.T. Depot, Borivali (East), Mumbai 400066 .. Complainant in CC/17/1493

4](i) Radharani Nirmal Dutta (ii) Nirmal Nityanand Dutta, At Present Residing At - B/406, Shivalaya CHS Ltd, C. S. Road No.2, Opp. Matru Chaya Jr. College, Dahisar(East), Mumbai 400068 ..Complainants in CC/17/1494

5](i) Prakash Laxmidas Ashar (ii) Poonam Prakash Ashar, At Present Residing At - 66, Vaju Kotak Marg., Damodar Anandji Bldg, 4th Floor, Room No. 44-47, Fort, GPO, Mumbai-400001 ...Complainants in CC/17/1495

6] Pawłoo Fernandez At Present Residing At - 301, Stanford CHS Ltd.

Hiranandani Estate, Patlipada, Ghodbandar Road, Thane (West) - 400 607 .. Complainant in CC/17/1496

7] Ashok Chintaman Jukar, At Present Residing At - Flat no. 401, Building No. 25, Pluto CHS Ltd, Everrshine Millenium Paradise, Thakur Village, Kandivali (East), Mumbai - 400101 .. Complainant in CC/17/1497

8] Shailesh Ashok Jukar At Present Residing At -Flat no. 401, Building No. 25, Pluto CHS Ltd, Everrshine Millenium, Paradise, Thakur Village, Kandivali (East), Mumbai 400101 .. Complainant in CC/17/1498

9] Dattaram Kolgaonkar, At Present Residing At - 86-J.A, Tandel House, Golpa Devi Road, Worli Village, Mumbai 400 025 .. Complainant in CC/17/1499

10] Neelima Harshwardhan Mohile, At Present Residing At - 2/A, 1203, Nandanvan CHSL, Tata Power, Magathane Borivali (East), Mumbai .. Complainant in CC/17/1500

11] Tithi Prithwis Pal (alias Tithee Prithwis Paal)

Through her Constituted Attorney Shri Prithwis Pal, At Present Residing At - 201, Parag Nikertan, 10th Road, 1 Cross Lane, JVPD, Juhu,)

Mumbai - 400 049 .. Complainant in CC/17/1501

12](i) Nilesh Prabhakar Parab (ii) Prabhakar Rajaram Parab At Present Residing At L-10, A Wing, Room No 503, Mono View CHS Ltd., Pratiksha Nagar, Sion, Mumbai - 400 068 .. Complainants in CC/17/1502

13] Chandrashekhar Neelkant Pathare At Present Residing At – B-102, Abhinandan CHS Ltd., Chatrapati Shiva Road, Dahisar (East), Mumbai 400 068 …... Complainant in CC/17/1503 V/S Truly Creative Developers Pvt. Ltd.

A Company Duly Incorporated Under The Provisions Of Companies Act, 1956, Having Its Registered Office At – 66, Rajendra Nagar, Dattapada Road, Borivali (East), Mumbai 400 066 ....Opponent in all the Cases BEFORE:

Hon’ble Mr. Mukesh V. Sharma : Presiding Member Hon’ble Ms. Poonam V. Maharshi : Member For the Complainant : Advocate Shekhar Prabhavalkar For the Opponent : None at the time of final hearing (No W.S.)

COMMON JUDGMENT (28/03/2025)

Per Hon’ble Mr. Mukesh V. Sharma – Presiding Member :

1. The complainants have filed these group complaints under Section 17 of the Consumer Protection Act, 1986 against the Opposite Party–developer, alleging deficiency in service and unfair trade practice. 2. Facts of each complaint is that the complainant had booked a flat in the project undertaken by the Opposite Party at Rajendra Nagar, bearing CTS No.87, 87/1 to 13, Survey No.151, Hissa No.6, admeasuring 14,206.2 sq.mtrs., Dattapada Road, Village Magathane, Borivali (East), Mumbai – 400 066 under the Slum Rehabilitation Scheme. As per the agreements/letters of allotment, possession was assured within three years and in any case by 30.06.2001. Despite receipt of substantial amounts from the complainants, the Opposite Party failed to commence and complete the construction of the building in which the complainants’ flats were earmarked, and no possession has been delivered till date.

3. The case of the complainants, as pleaded in the complaint and further reiterated in the writ