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Cause Title/Judgement-Entry
STATE CONSUMER DISPUTES REDRESSAL COMMISSION
MAHARASHTRA NAGPUR CIRCUIT BENCH
NAGPUR
 
First Appeal No. A/14/305
(Arisen out of Order Dated 18/07/2014 in Case No. CC/6/14 of District Wardha)
 
1. YES BUILDERS
KELKARWADE
WARDHA
2. PRASHANT SHRIDHAR BOKARE
KELKARWADE
WARDHA
...........Appellant(s)
Versus
1. VISHNU-MAHESH SAHANIWAS
VISHNU-MAHESH S SAHNIVAS SOCITY,GRAM PANCHAYAT,SATODA,WARDHA
WARDHA
2. SHANKARRAO JAIRAMJI GANDALWAR
VISHNU-MAHESH S SAHNIVAS SOCITY,GRAM PANCHAYAT,SATODA,WARDHA
WARDHA
3. SAU.RUPALI YASHWANT PANDE
VISHNU-MAHESH S SAHNIVAS SOCITY,GRAM PANCHAYAT,SATODA,WARDHA
4. GOVIND VYANKATRAO SAKHARE
VISHNU-MAHESH S SAHNIVAS SOCITY,GRAM PANCHAYAT,SATODA,WARDHA
5. NARENDRA V.BURADE
VISHNU-MAHESH S SAHNIVAS SOCITY,GRAM PANCHAYAT,SATODA,WARDHA
6. PURSHOTTAM GAJANAN NARKHEDE
VISHNU-MAHESH S SAHNIVAS SOCITY,GRAM PANCHAYAT,SATODA,WARDHA
7. AJAY RAMRAO BHASME
VISHNU-MAHESH S SAHNIVAS SOCITY,GRAM PANCHAYAT,SATODA,WARDHA
8. BHASKAR K.PANCHWATE
VISHNU-MAHESH S SAHNIVAS SOCITY,GRAM PANCHAYAT,SATODA,WARDHA
9. DEVENDRA V.WAGE
VISHNU-MAHESH S SAHNIVAS SOCITY,GRAM PANCHAYAT,SATODA,WARDHA
10. ATUL YASHWANT CHOUDHARI
VISHNU-MAHESH S SAHNIVAS SOCITY,GRAM PANCHAYAT,SATODA,WARDHA
11. SAU.MEGHA GAJANAN KUKDE
VISHNU-MAHESH S SAHNIVAS SOCITY,GRAM PANCHAYAT,SATODA,WARDHA
12. BHASKAR P.CHOUDHARI
VISHNU-MAHESH S SAHNIVAS SOCITY,GRAM PANCHAYAT,SATODA,WARDHA
13. RAJESH MARUTI ZADE
VISHNU-MAHESH S SAHNIVAS SOCITY,GRAM PANCHAYAT,SATODA,WARDHA
14. MUKUND SUDHAKAR DESHKAR
VISHNU-MAHESH S SAHNIVAS SOCITY,GRAM PANCHAYAT,SATODA,WARDHA
15. PRADEEP N.MENDHE
VISHNU-MAHESH S SAHNIVAS SOCITY,GRAM PANCHAYAT,SATODA,WARDHA
16. LAXMIKANT W.PITHDI
VISHNU-MAHESH S SAHNIVAS SOCITY,GRAM PANCHAYAT,SATODA,WARDHA
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE A.P.BHANGALE PRESIDENT
 HON'BLE MR. S B SAWARKAR MEMBER
 
For the Appellant:
Advocate Mr.Ghate.
 
For the Respondent:
Advocate V.N.Deshmukh.
 
Dated : 15 Nov 2017
Final Order / Judgement

PER MR.JUSTIC A.P.BHANGALE, HON’BLE PRESIDENT

1)      Parties have already submitted written notes of arguments having grievance about the impugned judgment and award dated 18/07/2014 and consumer complaint case No.6/2014, decided by District Consumer Disputes Redressal Forum, Wardha, whereby learned District forum partly allowed the complaint and directed the O.P. Sou. Vidya Prashant Bokare and Prashant Shridhar Bokare jointly or severally to construct the compound wall between the building Bramha Apartment and Vishnu-Mahesh Apartment and to produce completion report to village Panchayat-Sathoda. There was further direction to the O.P. where by they were directed jointly or severally to carry out repairs or to cure the deficiencies in to matter of construction of the flat belonging to the complainants under supervision of surveyor (Structural Engineer or Architecher). The opposite parties were directed to insure that building completion certificate report is also submitted to village Panchayat Sathoda and occupancy permission is obtain from the village Panchayat concerned, within 60 days. The learned District Forum was pleased to grant compensation to the complainants in the sum of Rs.5,000/- to each of the complainant and compensation and litigation cost in the sum of Rs.500/- for each of the complainant.

2)      It appears the case of the complainants before the District Consumer Forum below that complainants were residing in Bramha, Vishnu-Mahesh building which was constructed by Yash Builders belonging to O.P. According to complainants, they were represented by the builders and necessary sanction was obtained from village Panchayat-Sathoda to construct the building. Thus building was agreed to be constructed pursuant to the agreement with each of the complainant/flat purchasers. The grievance of the complainants was that they were to form Co-operative Housing Society and had resolved to form it on 12/05/2013, complainants had taken possession of the flats in the building “Vishnu-Mahesh”. It is their grievance that though in the sanctione



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