STATE CONSUMER DISPUTES REDRESSAL COMMISSION CIRCUIT BENCH NAGPUR CONSUMER COMPLAINT NO. SC/CB2/27/CC/18/137 DR. VASANT MAHADEORAO UMALE PRESENT ADDRESS - R/O. SHESHKRUPA NEAR GANESH TEMPLE DARWHA DIST YAVATMAL ,MAHARASHTRA.

.......Complainant(s)

Versus GLADSONE INFRASTRUCTURE PVT.LTD.

PRESENT ADDRESS - THROUGH ITS DIRECTORS, HAVING THEIR OFFICE AT SHOP NO.16 & 17, FIRST FLOOR, SHANTINIKETAN APARTMENTS, NEAR BANK OF INDIA, BESA, NAGPUR ,MAHARASHTRA.

SHRI. BALKISHAN S/O MOHANLAL GANDHI PRESENT ADDRESS - THROUGH ITS DIRECTORS, HAVING THEIR OFFICE AT SHOP NO.16 & 17, FIRST FLOOR, SHANTINIKETAN APARTMENTS, NEAR BANK OF INDIA, BESA, NAGPUR ,MAHARASHTRA.

SHRI. SACHIN S/O RAMDAS MITTAL PRESENT ADDRESS - THROUGH ITS DIRECTORS, HAVING THEIR OFFICE AT SHOP NO.16 & 17, FIRST FLOOR, SHANTINIKETAN APARTMENTS, NEAR BANK OF INDIA, BESA, NAGPUR ,MAHARASHTRA.

.......Opposite Party(s)

BEFORE:

HON'BLE MRS. KALYANI KAPSE , PRESIDING MEMBER HON'BLE MS. SHAILA D. WANDHARE , MEMBER FOR THE COMPLAINANT:

ADV.RENUKA NALAMWAR (Advocate)

FOR THE OPPOSITE PARTY:

NONE DATED: 31/07/2025

ORDER

PER MS.SHAILA D.WANDHARE, MEMBER

1. The present consumer complaint is made by complainant namely Dr.Vasant Mahadeora Umale, the residents of Nagpur, against opposite party (O.P.) No.1 M/s. Gladstone Infrastructure Pvt.Ltd, through its Directors Balkishan Mohanlal Gandhi (O.P.No.2) and Sachin Ramdas Mittal (O.P. No.3) under Section 17 of the Consumer Protection Act,1986 (Here-in-after it is referred to in short as “the C.P.Act

1986”).

2. The case unfolding from the consumer complaint of the complainant made in respect to the incident in question is as under;

3. The complainant Dr.Vasant Mahadeora Umale had entered into an agreement to sell dated 19/03/2012 with the Opposite Parties (O.P.) who are builders and developers of the residential project “Marvel Residency” situated at Mouza Ghogli, Nagpur (Gramin), District Nagpur. The agreement was executed for Flat No.213, Second Floor, admeasuring 875 sq. ft., for a total consideration of

18,00,000/-. As per the agreement, the O.P. were to deliver possession within 24 months. In compliance, the complainant paid 12,20,000/- through various cheques and bank transfers, and receipts were issued accordingly. However, the O.P. failed to complete construction and deliver possession within the stipulated time. They further demanded additional charges for development, despite Clause 20 of the agreement stating that all such charges were included in the total consideration. Upon obtaining documents under the Right to Information Act, the complainant learned that the Nagpur Improvement Trust (NIT) had rejected the building plan on 24/07/2014, which fact was never disclosed by the O.P. Several oral and written requests were made by the complainant for execution of the sale-deed and delivery of possession, but the O.P. did not comply and continued to give false assurances. Due to deliberate delay and non-compliance with contractual obligations, the complainant filed the present consumer complaint alleging deficiency in service and unfair trade practice under the Consumer Protection Act. The complainant has prayed for execution of the sale deed and possession of the flat, or alternatively, refund of 12,20,000 with 24% interest, along with compensation and litigation costs.

3. The O.P. hav opposed the contentions made against them in the consumer complaint and denied the relief sought.

They stated that the O.P. (Gladstone Infrastructure Pvt. Ltd.), a company duly registered under the Companies Act, 1956 and it is the lawful owner of Plot Nos. R- 2(P), R-3, and R-4, admeasuring 3633 sq. mtrs., situated at Mouza Ghogali, Gram Panchayat Pipla, Nagpur (Gramin), purchased through a registered sale deed dated 28/03/2011. It is also contended that the land was converted to non-agricultural use, and layout approval was obtained from the Town Planning Department and thus, the building sanction was granted by Gram Panchayat Pipla on 25/11/2008. It is further contend