ANAGHA SHIRISH JAITPAL Vs. INDRAPRASTHA SAHAKARI GRIHA

JUDGEMENT

(1.) THIS revision petition no. 2309 of 2012 has been filed under section 21 (b) of the Consumer Protection Act, 1986 against the order dated 16.11.2011 passed by the Maharashtra State Consumer Disputes Redressal Commission, Mumbai (the 'State Commission ') in appeal no. 637 of 2007. The brief facts of the complaint as per respondent no. 1/ complainant are as follows:

(2.) THE complainant is residing at Indraprastha Apartment and the same was constructed by the respondent - Builder, Developer and Contractor and the said Apartment was constructed on the property, the description of the property is as follows: The property bearing Survey no. 188, Hissa no. 5 and Survey no. 188, Hissa no. 4/ 3A area admeasuring about 2760 sq mtrs., situated within the Grampanchayat Mauje Nachane, within the limits of Ratnagiri City Council the flat no. 20 is constructed in Indraprastha Apartment buildings.

(3.) THE said property described herein above the respondents are legally bound to transfer the said property in favour of the complainant - society, however, the complainant repeatedly demanded, in spite of that the respondent did not transfer the same in favour of the complainant -society. The complainant - society was registered and formed on 09.12.2005 as per the requisite registration the respondents should have transferred the said property in favour of the complainant - society after registration of 4 months, however, eight months over, the respondents did not to do so, the prime demand is to convey the said property in favour of complainant - society by the respondents. After formation and registration of the society the remaining flats were sold by the respondents. Some flats are in the name of the relatives, however, tenants were living in the said flats, however, the tenants ' maintenance charges are not being deposited with the society. The said maintenance charges are being deposited with the respondents. Previously for some flats the electricity was provided through a common meter, therefore the electricity Bill was paid by the complainant - society. However, unsold flats in B Wing, Block no. G - 3 the said flat was given on rental basis and no electricity bill, monthly service bill and water charges were paid. However, at the time of registration of the society in Z Form, an affidavit made mentioned/ narrated that the said flats will not be allotted or given for leave and licence or lease basis as per paragraph 6 of the said affidavit. The same has been violated and hence the complainant - society filed the complaint for recovery of the maintenance charges which include service tax, non -occupation tax, sinking fund and electricity charges.