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BEFORE THE HON'BLE STATE CONSUMER DISPUTES REDRESSAL

COMMISSION, MAHARASHTRA, MUMBAI

First Appeal No. FA/16/2948

(Arisen out of order dated 19/11/2010 passed in complaint

No.CC/2007/05 by District Consumer Disputes Redressal Commission,

Mumbai Suburban District)

1. M/S T.S. Construction Co.

Having address at ‘D’ Wing,

Flat No. 503, 5^th Floor, New Sai

Mandir Co-operative Housing Society

Ltd., S.V. Road, Dahisar (East),

Mumbai – 400068

2. Mr. Mehboob A. Kamdar

Partner of Appellant No.1,

Having address at ‘D’ Wing,

Flat No. 503, 5^th Floor, New Sai

Mandir Co-operative Housing Society

Ltd., S.V. Road, Dahisar (East),

Mumbai – 400068

...........Appellants

Versus

1. Dhankamal Co-operative Housing

Society Ltd.,

Having registered office at CTS No

593, PestomSagar, Road No. 3,

Chembur, Mumbai – 400089

2. Mr. Shankar N. Iyer

Residing at – SohilRool Rose,

Plot No. 17, TekhandBhavan,

2^nd floor, Kopari Colony, Near MTNL

Office, Thane (East)

3. Mr. Rajesh Dhananjay Nana Shinde

C/o Vedant Enterprises, Flat No. 102,

1^st floor, Wing, Rambha Tower,

Gangawadi, L.B.S. Road,

Ghatkopar(West), Mumbai -400086

4. Mr. Dhananjay Nana Shinde

Flat No. 102, 1^st floor, C Wing,

Rambha Tower, Gangawadi, L.B.S. Road,

Ghatkopar(West), Mumbai -400086

............Respondents

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BEFORE:

Hon’ble Justice S. P. Tavade, President

Hon’bleShri. A. Z. Khwaja, Judicial Member

For the

Appellants:

Advocate Shri. LatifPirania/w

Advocate Ms. ZeenatPirani

For the

Respondent

no.1 :

For the

Respondent

nos. 2 to 4

Advocate Shri. SajiraJondhale

I/b Advocate U.B. Wavikar

None

ORDER

(02/12/2022)

Per: Hon’bleShri. A. Z. Khwaja, Judicial Member

[1] The appellant M/S T.S. Construction has preferred the present appeal

challenging order passed by learned District Commission, Mumbai

Suburban District in consumer complaint no. CC/2017/05 dated

19/11/2010; whereby the District Commission has partly allowed the

complaint filed by the respondent no.1 Dhankamal Co-operative Housing

Society Ltd. and directed the appellants to pay sum of Rs.9,91,943/- along

with interest @ 9% p.a. from the date of filing of the complaint as well as

costs and compensation. (The Appellant and the respondent shall be

referred by their original nomenclature).

Short facts leading to the filing of appeal may be narrated as under :

[2] The complainant Dhankamal Co-operative Housing Society Ltd. is

the society formed by the members and the purchasers of the flats

constructed by the opponent no.1 M/S T.S. Construction Company. The

opponent no. 1 is the partnership firm and is working as Promoter and

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Developer and dealing in the construction and sale of flats. The opponent

no. 1 sold and entered into agreement with various flat purchasers and

given possession in the year 2002 after receiving entire consideration. The

complainants have contended that they were ‘consumers’ and the opponents

were ‘service provider’. The complainants have further contended that

though the opponent had sold flats after receiving entire consideration, they

had neglected to provide basic amenities and failed to comply with the

contractual and statutory obligations. As per clause 13 of the agreement

and under the provisions of Maharashtra Ownership Flat Act, 1964, the

opponents

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