NIRMALA ARVIND SANE Vs. VISHWAS VINAYA PARANJAPE

JUDGEMENT

(1.) We are proceeding to dispose of this appeal at the stage of its admission itself on perusal of the material available in the appeal paper book and on hearing the learned Advocates for the parties.

(2.) We wish to clarify at the outset, that we are not adverting to the factual matrix on issue involved in the matter herein, since prima facie we are of the view that District Forum was not right in its perception in holding that the dispute being the subject matter of the complaint was not entertainable by it and thereby relegating the parties i. e. complainant/appellants herein to the Civil Court (for berevity's sake appellants herein are referred to as "flat purchasers" and the respondents as "builders" ). It is to be stated that original O. P. /respondent herein died and the opponents namely, Nos. (a) to (e) seems to have been impleaded at later stage in the complaint who are the legal heirs and representatives of the original O. P.

(3.) In the complaint flat purchasers have alleged certain deficiencies on the part of the Builders.