STATE CONSUMER DISPUTES REDRESSAL COMMISSION AT MUMBAI, MAHARASHTRA

1] Ashok Ramchandra Jumledar E-105, Parasarampuria Apt. CHS Ltd, Subway Road no.3, Santacruz West, Mumbai – 400054 ..Complainants in CC/17/1507

2] Sunil Babaji Kadam

506-D, Om Jai Shivneri CHS Ltd, Rajendra Nagar,Borivali East, Mumbai – 400066 ...Complainants in CC/17/1508

3] Chetan Vinayak Keer F-2, Swarup CHS Ltd., Road no. 4, Pandurang Wadi, Goregaon, Mumbai-400063 .. Complainant in CC/17/1509

4] Anil Shantaram Masurkar C/o Chetan Keer, F-2, Swarup CHS Ltd, Road no. 4, Pandurang Wadi, Goregaon, Mumbai-400063 .. Complainant in CC/17/1510

5] Vinu Kalidas Makwana C/o Mr Dhirajlal Raja Boricha Shanti Vihar, C4, Room no. 203, PG Wora Road, Opp. Wora High School, Mira Road, Pin 410107 .. Complainant in CC/17/1511

6] Anuradha Anil Masurkar C/o Chetan Keer, F-2, Swarup CHS Ltd, Road no. 4, Pandurang Wadi, Goregaon, Mumbai – 400063 .. Complainant in CC/17/1512

7] Prajacta Prakash Moghe C-11, Ground floor, Khodiyar Dham CHS Ltd., Indralok Complex, Phase-2, Bhayander East – 401105 .. Complainant in CC/17/1513

8] Deepak Kantilal Shashtri

51-B, Shantivan Towers, Devidas Lane, Near St.Lawrance School, Borivali West, Mumbmai-400103 .. Complainant in CC/17/1514

9] Vrishali Bhiva Varadkar Flat no. 304, D wing, Lalbaugh Cha Raja CHS Ltd, Ganesh Nagar, Dr Ambedkar Road, Lalbaug, Mumbai-400012 .. Complainants in CC/17/1515

10](i) Sunita Prafull Wast (ii)Pooja Prafull Wast At present residing at :

B-101, Reshma Apartment, Chanakya Chowk, Virat Nagar, Virar West - 401303 .. Complainants in CC/17/1516 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 Complainants :

For Opponent : No Written Version COMMON JUDGMENT (28/03/2025)

Per Hon’ble Ms. Poonam V. Maharshi – 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 are that the complainant had booked a flat in the project undertaken by the Opposite Party at Rajendra Nagar, Borivali (East), Mumbai under the Slum Rehabilitation Scheme. As per the agreements and discussion with the Opposite Party the 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 written notes of arguments, is that the Opposite Party is guilty of delaying the project without any justification, and despite repeated assurances and meetings, no progress was made. Instead, the Opposite Party proposed refund with 18% interest or execution of fresh agreements at escalated rates, which was not acceptable to the complainants.

4. It is contended by Advocate for the complainants that the Opposite Party is liable either to hand over lawful possession of the respective flats with Occupation Certificate by accepting the balance consideration or in the alternative to pay compensation equivalent to the ready reckoner value in proportion to the amount already paid. The complainants have also claimed compensation for mental agony and litigation costs.

5. On 21.12.2017, these complaints were admitted and notice was issued to the Opposite Party. Despite service, the Opposite Party failed to file its written version within the statutory period prescribed under the Act. Consequently, by order dated 06.07.2018 this Commission passed a “No Written Statement” order.

6. The said order