1 Tr.appln. 03 & 04/22

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

MAHARASHTRA, MUMBAI

Transfer Application NO. TA/22/03 & TA/22/04.

1. M/s. Saukhyam Construction

Through its partners-

a) Mrs.Sheetal Vikrant Bhatkar.

105, Florentine, Dosti Acres,

Near Antop Hill Bus Depot,

Wadala East, Mumba 400 037.

b) Mr.Harshad Anil Bhatkar.

829-A, Ashirwad, Near Shirke Cottage,

Shivaji Nagar, Ratnagiri 415 612.

c) Mr.Saumitra Pradeep Bhatkar.

Ashirwad, Near Shirke Cottage,

Shivaji Nagar, Ratnagiri 415 612.

2. Mr.Vikas Yashwant Bhatkar,

Shree Samarth Krupa Housing,

Flat No.703, E Wing, Akruti Road,

Sambhaji Nagar, Kandivali-East,

Through POA Holder

Mr.Vikrant Vikas Bhatkar.

105, Florentine, Dosti Acres,

Near Antip Hills Bus Depot, Wadala-East,

Mumbai 400 037.

3. Mr.Anil Yashwant Bhatkar.

4. Mr.Pradeep Yashwant Bhatkar.

829-A, Ashirwad, Near Shirke Cottage,

Shivajinagar, Ratnagiri 415 612.

5. Mrs.Anupama Prakash Padwal,

Block No.10, Kaustubh Apartment,

Pandit Gunidas Road, Mahim-West,

Mumbai 400 016. ...... Applicant(s)

Versus

1. Mr.Saabir Shakeel Mazgaonkar,

Flat No.204, Millat Nagar,

Dist.Ratnagiri. (TA/ 22/03)

2. Mr.Shakeel Shaikh Hussain Mazgaonkar,

Flat No.204, Millat Nagar,

Dist.Ratnagiri. (TA/22/04) ... Respondent(s)

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BEFORE:

Justice S.P. Tavade – President.

S.T.Barne – Judicial Member

For the Applicant : Adv.Abhijit Tulsankar.

For the Respondent : Adv.P.B.Kadam.

ORDER

(Delivered on 15/09/2022)

Per Hon’ble Judicial Member- S.T.Barne:

1. The applicant M/s. Saukhyam Construction through its partners has

filed this application for transfer of consumer case no.10/19 and 11/19

pending on the file of District Consumer Dispute Redressal Commission

Ratnagiri to the file of District Dispute Redressal Commission Kolhapur.

As similar question is involved in both the matters, they are decided by

common order.

2. It is the contention of applicants that they are opponents in original

complaint and the present respondent Shabbir Sahil Majgaonkar is the

original complainant. Said complainant has filed consumer complaint

before District Commission Ratnagiri praying for directions and order

from the District Commission directing these applicants to hand over the

gala in question, together with aminities and facilities as per agreement

dated 11/01/2016. The complainant has also claimed Rs.9,00,000/-

towards loss incurred in business and Rs.2,00,000/- towards mental agony

and harassment. It is the contention of the applicants that the respondent

has suppressed the material fact before the District Commission that the

respondent has purchased gala from erstwhile Owner by agreement dated

18/10/1996, wherein he was conducting his business. These applicants

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intended to redevelop the property where said gala was situated. The

respondent therefore, approached the applicants and started negotiating

with them. The respondent compelled the applicants to enter into

agreement dated 11/01/2016 whereby the respondent agreed to provide

gala in question admeasuring about 350 sq.ft. along with covered parking

space of 350 sq.ft. in lieu of old shop occupied by respondent and his

father. The respondent showed his intention to purchase one more gala

admeasuring about 150 sq.ft. It is further al

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