STATE CONSUMER DISPUTES REDRESSAL COMMISSION MAHARASHTRA EXECUTION APPLICATION NO. SC/27/EA/19/16 IN SC/27/CC/2010/20 Saidham Enclave Co-op.Hsg.Soc.Ltd.

Having office at:

Thakkar Complex, Near Jankalyan Nagar Malad (West), Mumbai 400 095 .......Applicant/org.complainant Versus

1.Thakkar Builders & Developers Having office at :

Gokul Apartment, Ground Floor Haridas Nagar, Behind Kora Kendra Shimpoli Road, Borivali (West)

Mumbai 400 092

2.Mr.Manish Kutmutia, Partner of Thakkar Builders & Developers Having office at :

Gokul Apartment, Ground Floor Haridas Nagar, Behind Kora Kendra Shimpoli Road, Borivali (West)

Mumbai 400 092

3.Mr.Ajit Thakkar Partner of Thakkar Builders & Developers Having office at :

Gokul Apartment, Ground Floor Haridas Nagar, Behind Kora Kendra Shimpoli Road, Borivali (West)

Mumbai 400 092 ….Respondents/org.OPs BEFORE: Justice S.P.Tavade – President Vijay C.Premchandani – Member PRESENT: Advocate Kaushik Mhatre is present on V.C. for the applicant.

Advocate A.V.Patwardhan present for respondents.

FINAL ORDER (Dt. 02/04/2026)

Per Hon’ble Vijay C.Premchandani – Member

1. The present execution application is filed u/sec.27 of the Consumer Protection Act 1986 for non-compliance of the order dated 29/09/2011 passed by this Commission in Consumer Complaint no.CC/10/20, which reads as under:-

1. The complaint is partly allowed.

2. The opponent-builder-developer is directed to execute the conveyance in favour of the complainant-Society at the costs of the complainant-Society.

3. The opponent-builder-developer shall also take necessary steps and obtain Occupation/Completion Certificate and hand over the same to the complainant-Society.

4. Both these directions be complied with as early as possible but within the six months from this order.

5. The opponent-builder-developer to bear its own costs and cost pay Rs.25,000/- as costs to the complainant-Society.

The facts of the application :-

2. The applicant states in the present Execution Application that the accused is the Partnership Firm and the business of the said firm is managed and controlled by its partners. The names and addresses of the partners of the accused are as under:

a. Mr. Manish Kutmutia, Partner having his office at Gokul Apartment, Ground Floor, Haridas Nagar, Shimpoli Road, Borivali (West), Mumbai -

400092 b. Mr. Ajit Thakkar, Partner having his office at Gokul Apartment, Ground Floor, Haridas Nagar, Shimpoli Road, Borivali (West), Mumbai-

400092

3. In the facts and circumstances mentioned hereinabove, it is submitted by the applicants that the Order dated 29.09.2011 is to be complied within the period of six months. Said 6 months expired as on 29.03.2012.

4. The applicant submits that the applicant is entitled to seek the remedy provided under the provisions of Section 27 of Consumer Protection Act, 1986 and pray that this Hon'ble Commission be pleased to issue summons to the partners of the accused and further deal with the Accused in accordance with the law.

5. After verification of the complaint, the summons was issued to the respondent/ accused. The respondent/accused appeared. The plea of the accused was recorded. The applicant/complainant has filed the affidavit of evidence on the present Execution Application. The cross examination of the applicant/complainant was conducted by the advocate for the accused. The statement of the accused persons are recorded u/sec.313 of Cr.P.C. The applicant as well as the respondents/accused have filed their written notes of arguments. The applicant also moved an application/contempt u/sec.2(b), r/w. sec.37, 42, 43 of Contempt of Court Act, 1971 with Amendment Act 2006. The accused has filed the reply on the contempt application. The argument was finally heard on both the sides.

6. After going through the execution application, impugned order passed by this Commission in the consumer complaint, both the parties evidence as well as written notes of arguments, we are having two issues before this Commission as under:-