ORDER

1.      Heard Mr. Uday B. Wavikar, Advocate, for the complainant.

2.      M/s. Sankalp Siddhi Tower ‘A’ Wing Co-operative Housing Society Limited has filed above complaint, for directing the opposite party to (i) repair, rectify and complete the incomplete works as per Architect’s Report dated 28.02.2013 and comply with Fire Safety requirements as per notices issued by Mumbai Fire Brigade, Lift Licenses etc. or in alternative pay Rs.11336500/- to carry out necessary repairs; (ii) to arrange for Society Office, Security Cabin and Common Toilets; (iii) pay Rs.1000000/- as compensation for not providing the swimming pool and gymkhana as agreed in Special Meeting of General Body held on 23.10.2005; (iv) reimburse Rs.4264204/-with interest @18% per annum, being Property Tax paid by the complainant; (v) reimburse Rs.540200/- with interest @18% per annum, paid toward excess charge for water, levied due to non-availability of “occupation certificate”; (vi) pay Rs.612033/-, towards maintenance charges of four flats, in possession of the opposite party; (vii) provide 23 numbers of stilt parking spaces and remove commercial unit made by converting of stilt parking space; (viii) obtain and provide “full occupation certificate” and “completion certificate” and execute conveyance deed in respect of saleable area in the land bearing CTS No.682 area 433.53 mtrs. at Mazgaon Division, E.S. Patanwala Marg, Byculla (East), Mumbai, within stipulated period; (ix) handover all the original documents concerning the construction of the building such as set of approved/completion plans, “full occupation certificate” and “completion certificate” and all other certificates relating to the building; (x)  pay Rs.1000000/-, as compensation for harassment and deficiency in service; (xi) pay Rs.750000/- as costs of the litigation; and (xii) any other relief which is deemed fit and proper in the facts and circumstances of the case.

During hearing on 09.08.2018, before this Commission, the counsel for the complainant confined for the reliefs of (i) “occupation certificate” (ii) “completion certificate” (iii) parking spaces and (iv) conveyance deed in respect of saleable area in the land bearing CTS No.682 area 433.53 mtrs. over which, the building is constructed,.

3.      The complainant stated that it was a Co-operative Housing Society of the flat buyers in the building “Sankalp Siddhi Tower ‘A’ Wing”, situated at Cadastral Survey No.682, Mazgaon Division, 20, E.S. Patanwala Marg (64/68-B Connaught Road), Byculla (East), Mumbai and registered under Maharashtra Co-operative Societies Act, 1960. The opposite party was a Partnership Firm and engaged in the business of development and construction of group housing project. Mr. Sadiq Sultan Ratansi was its partner and managing all the affairs of the opposite party. There was an old building situated at Cadastral Survey No.682, admeasuring 1037 sq. yard, Mazgaon Division, 20, E.S. Patanwala Marg (64/68-B Connaught Road), Rani Baug, Byculla (East), Mumbai, which was owned by Sankalp Siddhi Tenants Co-operative Housing Society (the said society), under deed of conveyance dated 12.11.2001 and occupied by 124 tenants. The said society decided for redevelopment of the old building. The plan for redevelopment as submitted by the opposite party was approved by the said society accordingly the opposite party got the building plan approved from Municipal Corporation Mumbai vide No. EBBPC/9151 /E/A dated 10.02.2003. The said society executed a Development Agreement dated 12.02.2004, authorising the opposite party for construction and development of new building in the name of “Sankalp Siddhi Tower”, which consisted two wings i.e. A-wing is sale tower, falling in the share of the opposite party and B-wing, for rehabilitating old tenants. The opposite party constructed total 53 flats in A-wing out of which, 49 flats have been sold during 2004-2005 and 4 flats was still with the opposite party. The purchasers of the flats in A