STATE CONSUMER DISPUTES REDRESSAL COMMISSION MAHARASHTRA MUMBAI Consumer Complaint No. : CC/20/223

1. Mrs. Savita M. Mail (Through Power Of Attorney Holder Sushama M. Mail)

Residing at : C/304, Poonampark Co-Op Hsg. Society.

Opp. Donbosco Church, Manvelpada Rd, Virar (E), Palghar- 401305

2. Pratiksha Mail & Jyoti Mail (Through Power Of Attorney Holder Sushama M. Mail)

Residing at:

C/304, Poonampark Co-Op Hsg. Society.

Opp. Donbosco Church, Manvelpada Rd, Virar (E), Palghar- 401305

3. Rajendra Mandavkar Add: Room No-03, 3rd Floor, Dongar Pada, Pakhar Ali, Opp. Padma Pavasai, Vasai-Virar City(Crop) Palghar- 401303

4. Mr. Vasant Bhikaji Hatim.

Add: Room No- 2/142, Dr. Surve Chawl, Sant Tukaram Maharaj Nagar, Golibar Road, Ghatkopar (W), Mumbai- 400 086

5. Rekha Bhimrao Nirbhavane.

Add: New BMC Building No- E/8, Room No- 22, Opp. PMC Bank, Raoli Camp, Sion Koliwada Mumbai 400 037 ……... Complainants V/s

1. Mr. Kashinath Dada Gunjal R/o. Malker Wadi, Opp. Budhhavihar, Near Handore Office, Chembur, Mumbai-400089 Alternate Add.: A/14/7, Pratiksha Nagar, Wadala, Mumbai 400037 Permanent Add.:

Village- Chichundi, Tehsil - Yevla, Nasik423 401

2. Mr. Ramchandra budhaju Sawant C/o. Subodh Kulkarni, Room No. 12, Shree Krishna society, Dr. Juvekar Road, Front of AVI Classes, Shree Krishna Nagar, Bhandup (E), Mumbai Permanent Add.: Village - Devde, Adhishtiwadi, Via Sakharpa, Tehsil - Sangmeshwar Ratnagiri-415801 ………. Opposite parties.

Coram:

Hon'ble Mr. Mukesh V. Sharma – Presiding Member Hon'ble Ms. Poonam V. Maharshi – Member PRESENCE :

For complainant - Advocate Uday Wavikar, Advocate Suchitra Oval.

For Opposite Parties - None JUDGMENT (Dated 28/03/2025)

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

[1] The complaint is filed under Section 12 of the Consumer Protection Act 1986 by the complainants alleging deficiency in service and unfair trade practice against the opponents within the meaning of deficiency in service U/s 2(1)(g) and

2 (1)(r) of the Consumer Protection Act ,1986.

[2] The Complainants submit that they are consumers within the meaning and definition of 'consumers' under section 2(1)(d)(ii) of the Consumer Protection Act, 1986. This Complaint is preferred on behalf of the Complainants as a Class Action Petition as the facts of the case of each of the Complainants are same and involves same disputes/controversies, they have a common interest, have suffered identical deficiency in service and unfair trade practice,and rely on identical evidences therefore come under the definition of complainant as per Section 2(1)(b)(iv) read with Section 12(1)(c) of the said Act.

[3] Brief Facts leading to this Complaint are as under :

[4] The Complainant No.1 to 5 have submitted that around the year 2008, they were induced by the Opposite Parties ,particularly by a proposal from Opposite Party No. 2, who is a relative of Complainant no.4 to book flats in the then Proposed building named Raigad Sahakari Gruhnirman Sanstha Raigad Society ,Gala No.8 Marathon Complex ,F wing ,Situated at Maharshi Karve Nagar ,CT 5 Kanjurmarg (E) Mumbai 400042 Constructed by the Maharashtra Housing and Area Development Authority (MHADA) by the Maharashtra Housing and Area Development Authority (MHADA) on the land bearing survey No.119 or in the building named AL -2C ,Krupasindhu Sahakari Gruhnirman Sanstha Ltd, Sahakar Nagar /Shyel colony ,near Tilaknagar Station ,Chembur (E ) , Mumbai 400071 at concessional rates. Relying upon these representations and as they were in need of Residential flats for themselves and their families , each Complainant booked one flat in the said building Constructed by MHADA by making Payments in cash out of the Total Consideration somewhere in July , 2008 in the Following Manner :-

[5] The Complainants have further submitted that , the Opposite Parties have not issued the receipts .Though no formal receipts were issued, an affidavit dated 10.01.2017 was executed by Opposite Party No. 1, acknowledging receipt of the said amounts and undertaking either to hand ov