NAGESH MARUTI UTEKAR Vs. SUNSTONE DEVELOPERS JOINT VENTURE

JUDGEMENT

(1.) The present batch of Consumer Complaints has been filed by the Complainants, against the Opposite Party, Sunstone Developers Joint Venture seeking compensation for delayed delivery of the Flats booked by them in the complex to be constructed by the Opposite Party Developer in the name and style of "Hubtown Sunstone", within stipulated period.

(2.) Since the facts and question of law involved in these Complaints are similar except for minor variations in the dates and events and flat numbers, these Complaints are being disposed of by this common Order. However, for the sake of convenience, Consumer Complaint No. 12 of 2017 is treated as the lead case and the facts enumerated hereinafter are taken from Consumer Complaint No. 12 of 2017.

(3.) Brief facts as narrated in the Consumer Complaint are that Akruti Nirman Limited, i.e., erstwhile company of Hubtown Limited and Swapanrajan Infrastructure Pvt. Limited formed a Joint Venture, i.e., Sunstone Developers Joint Venture (hereinafter referred to as Opposite Party Developer) vide Joint Venture Agreement dtd. 23/12/2011 with object to develop and construct the sale component by constructing the saleable components by utilising the FSI generated till 23/12/2011 on Property bearing Survey No. 341(pt.), CTS No. 629/1251, Village Bandra, Bandra East, Mumbai, in the name and style of 'Hubtown Stone' (hereinafter referred to as the Project) consisting of 3 Basements + Ground + 19 Upper Floors.