NIDHEI CHOUDHRY Vs. SURYA DEVELOPERS

JUDGEMENT

(1.) By way of present revision petition, petitioner/complainant has challenged order dated 21.12.2010, passed by State Consumer Disputes Redressal Commission, Mumbai (for short, 'State Commission').

(2.) Brief facts are that petitioner filed a complaint before District Consumer Disputes Redressal Forum, Pune (for short, 'District Forum') against respondent/o.p. who had constructed the tenaments. It has been alleged that petitioner agreed to purchase Flat No.902 admeasuring 1125 sq. ft. for consideration of Rs.15,32,500/- from the respondent. Apart from this amount, petitioner paid an amount of Rs.45,000/- towards M.S.E.B.charges,Rs.5,000/-towards legal charges,Rs.30,000/- towards club house development charges. In addition to this, she was liable to pay maintenance charges of Rs.16,875/-. It is further alleged that she had paid all the charges referred above to the respondent. The parking place was to be allotted to the petitioner on payment of Rs.70,000/-.It is alleged that there was deficiency in service in not providing the fire fighting equipments, lift and the quality of construction was of poor quality and there is water leakage. It is also alleged that respondent had handed over possession of the area less than given in the agreement. Further, respondent had not formed co-operative housing society and executed the conveyance in favour of the Society. It is also alleged that respondent had not given the account of the payments made towards providing various amenities. Hence, complaint was filed praying for the following reliefs:

(3.) Respondent in its written version denied the allegations, made in the complaint. It is stated that respondent has obtained necessary permissions and sanctions from the concerned authorities and the construction is made in accordance with the sanctioned building plan and as per the agreement entered with the purchasers. Respondent has complied all the promises and has handed over the possession. Society has also been formed and respondent has handed over all the accounts to the Society. Similarly, respondent has handed over the draft of final conveyance to the Society. However, it has not been finalized by the Society.