ORDER

1.      Heard Mr. Suresh Dhole, Advocate, for the complainant, Mr. Ranjeet Singh, Advocate, for OP-1 and Mr. Varun Kalra, Advocate, for OP-2.  

2.      Bella Vista Empress Co-operative Housing Society has filed CC/189/2012 on behalf of 10 members for directing the opposite party to (a) pay an amount of Rs.10486800/- with interest @ 18% p.a. from the date of the complaint till realization; (b) pay Rs.752600/- @ Rs.75260/- collected from each member of the complainant; (c) provide health club equipment, tennis courts, senior citizens park, intercom facility, garden area, fire fighting equipment with fire alarms and society office; (d) convey the property bearing S. No.192/7, behind Data Mandir, Wakad, admeasuring 700 sq. mtrs.; (e) get the occupation certificate for the complainant’s building; (f) pay arrears of water tax and property tax to Primpri Chinchwad Municipal Corporation; (g) pay Rs.25000/- as compensation for mental agony to each member of the complainant; (h) pay Rs.25000/- as litigation cost to each member of the complainant; and (i) any other order which is deemed fit and proper in the fact of case.

3.      Bella Vista Empress Co-operative Housing Society has filed CC/279/2012 on behalf of 16 members for directing the opposite party to (a) pay an amount of Rs.15150870/- with interest @ 18% p.a. from the date of the complaint till realization; (b) pay Rs.1204160/- @ Rs.75260/- collected from each member of the complainant; (c) Rs. One lac to each of the members due to non-availability of the amenities; (d) pay Rs.25000/- as litigation cost to each member of the complainant; and (i) any other order which is deemed fit and proper in the fact of the case.

4.      The complainant stated that it is a co-operative housing society registered under the Maharashtra Co-operative Societies Act, 1960. The opposite party is a builder/developer of the building of the complainant’s society consisting of six wings i.e. A-1, A-2, B-1, B-2, C-1 & C-2. The members of the complainant have purchased their respective flats by paying the entire consideration. As per clause-9 of the agreement opposite party was required to give possession of the flat complete in all respect in June, 2007. However, the opposite party abandoned the project in April, 2007. As some members of the complainant were living in rented house, they requested the opposite party to handover the possession on ‘as is where is basis.’ The opposite party handed over the possession in June, 2007 to the allottees of the “A” and “B” wings, after receiving Rs.25000/- as club membership, Rs.260/-as share money, Rs.6000/- as security deposit, Rs.40000/-, as MSEB charges, Rs.2000/-, as legal charges, Rs.2000/- as society registration charges and maintenance amount of Rs.1190/- per month for one year. Allottees of “C” wing were handed over possession on different dates from 2007 to 2012, after taking charges as mentioned above. The opposite party failed to complete the construction and obtain the ‘occupation certificate’ and register the housing society, rather sent a legal notice dated 22.03.2010 demanding further amount for maintenance. The allottees formed Bella Vista Empress Co-operative Housing Society. The complainant through its Secretary, Devesh D. Mehta, gave a letter dated 07.05.2010 to the Executive Engineer, Municipal Corporation Primpri Chindwad, seeking a direction to the opposite party, for obtaining the ‘occupation certificate’, which was not replied. Then Devesh D. Mehta filed Writ Petition No.4963 of 2010 before the Bombay High Court against the opposite party and Municipal Corporation Primpri Chindwad. The High Court disposed of the writ petition vide order dated 12.07.2010 directing the complainant to file a fresh representation before Municipal Corporation Primpri Chindwad which was to be decided within eight weeks. The Secretary of the complainant made a representation before Municipal Corporation Primpri Chindwad. The opposite party appeared before Executi