(Delivered on  29 /10/2021)

PER SHRI A. Z. KHWAJA, HON’BLE PRESIDING MEMBER.

1.         Petitioner/ O.P -  The  Forest Department  Employees Co-op. Housing Society   has preferred the present  revision petition  challenging  the order dated 12/07/2021 passed by the  learned District Consumer  Commission , Nagpur in Consumer Complaint No. CC/166/2021 by which  the application filed by the respondent /complainant came to be allowed  and petitioner  were  directed to  stop the construction work. (Petitioner hereinafter shall be referred as O.P. and respondent as complainant for the sake of convenience)

2.         Short facts leading to the filing of the present petition may be narrated as under:-

            Complainant – Mr. P.A. Mishrikotkar claims to be a resident  of Flat No. A-202 in building No. B-5 and  O.P. is Co-operative Housing Society formed  for maintenance  and  up keep  of building  where  the complainant/respondent was residing.  Complainant /respondent has contended that  he was practicing  as an advocate  and so was  in need of peace  and comfort for his work but  the owner of Flat No. A-502 namely one Rajesh Lade without  giving  any prior notice  started the  renovation  work and was  carrying out structural changes  under the   garb of carrying out  minor repairs. Complainant /respondent  has  taken a plea that  on going  construction  and renovation  work was  causing  great hardship, inconvenience  and discomfort  to the complainant /respondent who was practicing  as advocate. Complainant /respondent  has  further  contended that  it was the duty  of the  petitioner/O.P- Society  to see that no  inconvenience  or hardship  is caused to the  residents   of the flats  in the building No.-B-5. Complainant /respondent  has further contended that  the flats where he was  residing  and  other flats were  constructed  without  obtaining   necessary Occupancy Certificate and were contrary to the Guidelines  given by the Nagpur Municipal Corporation . The complainant therefore filed the Consumer Complaint  against the O.P./petitioner  alleging deficiency  in service by the O.P./petitioner. 3.      During the pendency of the complaint  the present  complainant  also filed  an application before the learned District Consumer Commission, Nagpur  that  since the owner of  Flat No.A-502 on the 5^th  floor  was carrying  out construction  which amounted  to  structural changes direction may be issued  and   the owner  of  the Flat No. A-502 be restrained from  proceeding with  the construction and carrying out the structural changes.

4.         After hearing the complainant /respondent, the learned District Consumer Commission, Nagpur allowed the application and passed the order restraining the O.P./petitioner from carrying out the construction in Flat No. A-502 in building No. B-5. Aggrieved by the said order  dated 12/07/2021 passed by the  learned District Consumer Commission, Nagpur, the present  O.P./ petitioner has come up in present  revision  petition.

5.         After the revision petition came to be filed due notice was issued to the respondent /complainant –Mr. P.A. Mishrikotkar who has appeared in person.

6.         I have heard  Mr. Bhoot, learned advocate for the  petitioner /O.P.- Forest Department  Employees Co-op. Housing So