Back
1 (CC/16/1231)
BEFORE THE HON'BLE STATE CONSUMER DISPUTES REDRESSAL
COMMISSION, MAHARASHTRA, MUMBAI
CONSUMER COMPLAINT NO.16/1231
1. Mr.Manish Nanji Faria
R/o 302, Orchid White CHSL,
10th Road, Khar (W),
Mumbai – 400 052.
……Complainant
Versus
1. M/s. Vaidehi Akash Housing Pvt. Ltd.,
Through its Directors
101, Saptarshi CHS Ltd.,
Behind Madhuban Society,
Barfiwala College Lane,
D.N. Nagar, Andheri (West),
Mumbai – 400 053.
2. Mr.G.S. Phondekar,
Managing Director of
The Opponent No.1
101, Saptarshi CHS Ltd.,
Behind Madhuban Society,
Barfiwala College Lane,
D.N. Nagar, Andheri (West),
Mumbai – 400 053.
3. Mrs.Rekha Shinde
Director of the Opponent No.1
101, Saptarshi CHS Ltd.,
Behind Madhuban Society,
Barfiwala College Lane,
D.N. Nagar, Andheri (West),
Mumbai – 400 053.
4. Mrs.Sunita Phondekar,
Managing Director of
The Opponent No.1
101, Saptarshi CHS Ltd.,
Behind Madhuban Society,
Barfiwala College Lane,
D.N. Nagar, Andheri (West),
Mumbai – 400 053.
2 (CC/16/1231)
5. Mrs.Madhavi Kerkar,
Director of the Opponent No.1
101, Saptarshi CHS Ltd.,
Behind Madhuban Society,
Barfiwala College Lane,
D.N. Nagar, Andheri (West),
Mumbai – 400 053.
6. M/s. New D. N. Nagar CHSL,
Through Chairman/Secretary,
Sagar Sahwas Colony,
Nr Water Tank, New D.N. Nagar,
Andheri (W), Mumbai – 400 053.
7. M/s. Rustomjee Reality Pvt. Ltd.,
Through its Directors,
702, Nataraj Building,
M.V. Road Junction,
Off Western Express Highway,
Andheri – E, Mumbai – 400 069.
…… Opponent Nos.1 to 7
BEFORE:
Justice S.P. Tavade, President
A.Z.Khwaja, Judicial Member
For Complainants
: AdvocateMr.A.S.Vidyarthi alongwith Advocate
Mr.Latesh Faria and Adv.Smt.A.Kondlekar
For Opponent nos.1 to 5 :Advocate Mr.BaliramKamble
For Opponent No.6
: Advocate Mr.Kiran Patil
For Opponent No.7
: Advocate Mr.S.B. Prabhavalkar alongwith
Advocate Mr.Nilesh Parte
ORDER
(Dated 10/11/2022)
Per:A.Z. Khwaja, Judicial Member
1) Complainant Mr.Manish Nanji Faria has filed present complaint under
the provision of the Consumer Protection Act, 1986. Brief facts leading to the
filing of the complaint may be stated as under –
Complainant Mr.Manish Nanji Faria claims to be resident of Khar (W),
Mumbai and was businessman and residing at Orchid White CHSL. Opponent
No.1-M/s.Vaidehi Akash Housing Pvt. Ltd., who are Builder and Developers
were dealing in the business of construction of houses as well as shops.
3 (CC/16/1231)
Opponent No.2 is Managing Director of opponent No.1 and the other opponents
are the Directors. Opponent No.6 is the Co-operative Housing Society,
registered under the Maharashtra Co-operative Housing Society Act. Opponent
No.7-M/s.Rustomjee Pvt. Ltd. is engaged in the business as Builders and
Developers.
2) It is the case of the complainant that opponent no.1 had agreed to
redevelop the building which was in dilapidated condition and so had entered
into agreement of development with opponent no.6 on 31/12/2005. As per the
said agreement the Maharashtra Housing & Area Development Authority had
granted No Objection Certificate for the reconstruction of the existing building
no.2 to building no.9 after the compliance of all conditions. Bombay Municipal
Corporation had also sanctioned the plans for reconstruction of buildings. It is
further case of the complainant that in pursuance of the Development
Agreement the opponent nos.1 to 5 had issued allotment letter to him on
29/03/2008. As per the allotment letter, Flat No.1802 admeasuring 540 sq.f
