PRAVIN G. JOSHI Vs. SAROJINI GANGADHAR

JUDGEMENT

(1.) Challenge in this Revision Petition, under Sec. 21(b) of the Consumer Protection Act, 1986 (for short "the Act"), by the Petitioners/Complainants, is to the Common Order dtd. 20/3/2013, 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 "Society") and the Petitioners and Respondent No.1 are its Members. The Society is in possession of a piece of land situated at S.No. 39/2 + 40/2, Maharshi Karve Nagar, Pune. The said land was divided into sub-plots and one of the such plots bearing No. 29 admeasuring 338.63 sq. mtrs. was allotted to Respondent no.1, Mrs. Sarojini Gangadhar, on lease for 999 years. The Society also executed a registered Lease Deed in her favour, however, construction was not done by her on the said plot for a long period of time. Subsequently, a Resolution was passed by the Society on 9/11/1986 allowing the plot owners/its Members to construct multi-storied Building on the plots allotted to them. It was also decided by the Society that a Society within Society (to be called new Society) would be formed and each Flat Purchaser would pay ?10,000/- to the Society for transferring the right, title and interest and as such all the Flat Purchaser would become nominal Members of the Society.