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Cause Title/Judgement-Entry
STATE CONSUMER DISPUTES REDRESSAL COMMISSION
MAHARASHTRA NAGPUR CIRCUIT BENCH
NAGPUR
 
Revision Petition No. RP/20/22
( Date of Filing : 12 Mar 2020 )
(Arisen out of Order Dated in Case No. CC/474/2019 of District Nagpur)
 
1. M.S. FIRE ARCOR INFRASTRUCTURE PVT. LTD.
OFFICE AT KHASRA NO. 120,2, VILLAGE KOTEWADA , P.O. GUMGAON , TAHSIL HINGNA NAGPUR 441122 THROUGH ITS AUTHORIZED SIGNATORY MR. SWAPAN MANORANJAN BHATTACHARJEE . R.O. FLAT NO. 102, SURAJ APARTMENT , HANUMAN MANDIR LANE, CHHAONI, NAGPUR.440013
NAGPUR
MAHARASHTRA
...........Appellant(s)
Versus
1. MR. KRISHNA TANDEKAR
R.O. X.17,16, DAFFODIL HIGHS, THE EMPYREAN VISTA, KOTEWADA , GUMGAON NAGPUR 441122
NAGPUR
MAHARASHTRA
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. DR. S.K. KAKADE PRESIDING MEMBER
 HON'BLE MR. A. Z. KHWAJA JUDICIAL MEMBER
 
PRESENT:
 
Dated : 29 Jun 2022
Final Order / Judgement

PER DR. S.K. KAKADE, HON’BLE  PRESIDING MEMBER.

  1. That   aggrieved by the impugned order dated 11/02/ 2020 passed by the Learned District Consumer Disputes Redressal Commission, Nagpur on interim application in Complaint Case No. CC/474/2019 (Mr Mr. Krishna Tandekar vs. Fire Arcor Infrastructure (Pvt.) Ltd) passed the present revision petition is filed by the petitioner u/s 17 (1) (b) of the Consumer Protection Act 2019. By this impugned order the District Consumer Commission, Nagpur has directed the Revisionist / builder/developer to restore the Electric Supply of common areas and Water Supply in the individual tanks by paying the outstanding bill of Concerned Electric Department,
  2. Brief facts for deciding this Revision Petition are as follows….

The revision petitioner is M/S. FIRE ARCOR INFRASTRUCTURE PVT. LTD. who is a company incorporated under the Companies Act 1956 which is in the business of residential and commercial products of the integrated township spread over approximately 150 acres of land which is name and style as “The Empyrean”. The petitioner has under taken the development and construction of residential scheme on one of the piece of nonagricultural land admeasuring 60.59 acres situated at Village Kotewada in Tehsil Hingna, District Nagpur. The respondent/original complainant had purchased residential unit bearing No. X-17/16, in Daffodil Highs in the Empyrean Vista township of appellant and the parties enter into an agreement to sale on Dt.22/04/2016.

  1. The complainant / respondent in this petition filed a consumer complaint bearing No.CC/474/2019 against the O.P. / petitioner of this petition for the grievance with regard to maintenance charges being collected as well as facilities and amenities that were prevalent in the township. The MSEDCL disconnected the electric supply on 31.1.2020 on nonpayment of the electricity bills, as the petitioner / builder did not pay the bills.  During the pendency of the complaint, the original complainant filed an interim application praying for directing the O.P. to restore electricity supply in the common area of the building and also water supply in the individual tank. The petitioner resisted this application since as per the contention of the petitioner despite repeated demands to the flat purchasers they were not paying maintenance and on account of nonpayment of the dues the MSEDCL disconnected the electricity supply. On hearing both the parties, learned District Consumer Commission on 11/02/2020 passed interim order directing the original O.P./appellant to pay the electricity bills and restore the electric supply as well as water supply in the common area. Further the complainant filed another interim application in the consumer complaint before the District Consumer Commission Nagpur with prayer that the O.P. to pay electricity bills and water bills to restore the electricity as well as water supply to the common area along with builder and developer to provide maintenance and facilities of labor. Thereafter another interim order was passed by the District Consumer Commission on 17-02-2021 directing the



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