LAWS(NCD)-2013-10-57

NIKHIL BUILDERS Vs. SWAMI KUMAR BANVALIKAR

Decided On October 23, 2013
Nikhil Builders Appellant
V/S
Swami Kumar Banvalikar Respondents

JUDGEMENT

(1.) M/S. Nikhil Builders have challenged the award of the Maharashtra State Consumer Disputes Redressal Commission in Consumer Complaint No.47 of 1996 filed by the present respondents. The complaint before the State Commission is filed by 11 purchasers of flats together with their society namely, Nav Indraprastha Co-op. Housing Soc. Ltd., Mumbai. Sixteen reliefs were sought by the appellant. The State Commission has granted the following: -

(2.) During the course of consideration of the appeal filed by the OP/Nikhil Builders against the above order, this Commission gave a notice of hearing to the respondents/Complainants on relief no.7 i.e. the direction to the builder to execute the conveyance deed in two months. As for the other reliefs granted by the State Commission, the appellant was directed on 6.3.2009 to complete the compliance within two weeks. Therefore, consideration of the appeal has got limited only to the question of non execution of the conveyance deed.

(3.) The two sides were also directed to file their written synopses/arguments. The same has been filed on behalf of the respondents/Complainants. Written synopsis/arguments had already been filed on behalf of the appellant/OP. The case of the appellant has been argued by Shri S.K.Sharma, Advocate assisted by Shri Uday B. Wavikar, Advocate. On behalf of respondents/Complainants Mr. Sahil Bhalaik and Mr. Rajeev Sharma Advocates have been heard.