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1 (CC/15/239)
STATE CONSUMER DISPUTES REDRESSAL COMMISSION
MAHARASHTRA, MUMBAI
CONSUMER COMPLAINT NO.CC/15/239
Chembur Abhay Co.Op.
Hsg.Society Ltd.,
Through Hon. Secretary
Mr.Ashok Shriram Kerkar
Having address at-
81, Tilak Nagar,
Chembur,
Mumbai 400 089.
Complainant(s)
Versus
M/s.Right Channel Constructions
Pvt. Ltd.
Through its Director
Mr.Devendra Hanumanprasad Pandey
101, 1st floor, Kailash Ram Kripa,
Plot No.6, Kailashpuri Road,
Upper Govind Nagar,
Malad(E), Mumbai 400 097.
Opponent(s)
BEFORE:
D.R.Shirasao, Hon’ble Presiding Judicial Member
Dr.S.K.Kakade, Hon’ble Member
PRESENT:
For the Advocate Supriya Patil a/w
Complainant(s): Advocate Uday Wavikar
For the
Opponent(s): None present
JUDGMENT
Per: Mr.D.R.Shirasao, Hon’ble Presiding Judicial Member-
2 (CC/15/239)
[1]
Complainant society has filed this consumer complaint for getting
building completion certificate and occupancy certificate from opponent
alongwith other monetary relief. Brief facts of the case are as under-
[2]
Complainant is a Co-operative Housing Society registered under the
Maharashtra
Co-operative
Societies
Act,
1960 having
registration
No.BOM/WN/GSG(OH)/1318/1984-85. Members of the society unanimously
decided to give building of the society for redevelopment to opponent.
Accordingly, Development Agreement was executed in between complainant
society and opponent. As per the Development Agreement, opponent had
promised to give newly constructed building to the complainant society after
obtaining occupancy certificate from concerned authority within a period of 24
months from getting commencement certificate. Accordingly, opponent
constructed 84 flats in two wings, Wing A and Wing B, each consisting of 42
flats and there are 19 shops in the outer periphery of the premises. At the time
of handing over possession of new flats, opponent collected amount of
Rs.6,75,169/- towards property taxes, amount of Rs.12,66,560/- towards water
and electricity meter deposit, total amounting to Rs.19,41,729/-. However,
opponent had not used that amount for the said purpose. Opponent had also
collected amount of Rs.3,90,000/- towards maintenance charges from members
of the society. Opponent had collected excess amount of Rs.2,57,000/- from
members of the society towards maintenance charges. Complainant society also
required to pay sewerage tax of RS.26,59,190/-. Complainant society also
required to deposit water charges of Rs.18,52,127/- at double rate. Complainant
society was required to pay water connection charges of Rs.4,22,250/- to the
M.C.G.M. for lying water connection. It is the contention of the complainant
society that as occupancy certificate and building completion certificate is yet to
be obtained by the opponent, opponent is required to bear all these amounts and
complainant is entitled for reimbursement of these amounts from opponent. It is
3 (CC/15/239)
the contention of the complainant society that as opponent has not obtained
building completion certificate and occupancy certificate till filing of this
consumer complaint, they are entitled to get compensation in that respect from
the opponent alongwith costs and compensation.
[3]
After admission of consumer complaint notice was issued to the
opponent. However, nobody appeared for opponent to contest the consumer
complaint. Hence, by passing order on 12/06/2015, this Commission directed to
proceed this complaint exparte against opponent. Thereafter, complainant
society filed affidavit of evi
