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2022 Supreme(Online)(NCDRC) 159

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
R.K. AGRAWAL, PRESIDENT
PRAVIN G. JOSHI & 3 ORS. – Appellant
Versus
SAROJINI GANGADHAR & 3 ORS. – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Ankur Gupta
For the Respondents: Mr. Rohan S. Darandale

ORDER

1. Challenge in this Revision Petition, under Section 21 (b) of the Consumer Protection Act, 1986 (for short “the Act”), by the Petitioners/Complainants, is to the Common Order dated 20.03.2013, passed by the Maharashtra State Consumer Disputes Redressal Commission, at Mumbai (for short “the State Commission”) in First Appeal No. A/10/720, A/10/77 and A/10/1040. By the Impugned Order, the State Commission while dismissing the Appeal No. 720/2010 filed by the Complainants has partly allowed the Appeal Nos. 779 and 1040 of 2010 filed by the Respondent Nos. 1 and 4 respectively.

2. Succinctly put, dispute prevailing between the parties in this case is with respect to use of substantial open space surrounding the Building in question. It is averred that the Petitioners/Complainants have been prevented from using and enjoying the aforesaid open space as the Respondent No. 1 has covered the open space by erecting iron grill.

3. Detailed factual matrix as penned in the Complaint is that the Respondent no 4, Shailesh Co-Operative Housing Society, is a Society registered under the provisions of Maharashtra Co-Operative Societies Act,1960 in the year 1969 (hereinafter referred to as the

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