CONSUMERS WALFARE ASSOCIATION Vs. VASUNDHARA BUILDERS & DEVELOPERS

JUDGEMENT

(1.) The present First Appeal has been filed under Sec. 19 of the Consumer Protection Act, 1986 ('the Act') against the Order dtd. 5/4/2016 passed by the State Consumer Disputes Redressal Commission, Maharashtra ('the State Commission'), in Consumer Complaint No.323 of 2013, wherein the Complaint filed by the Complainants (Appellants herein) was partly allowed.

(2.) For convenience, the parties in the present matter are being referred to as mentioned in the Complaint before the learned State Commission. The Complainant/Appellant No. 1 is a registered Consumer Welfare Association, and the Complainant/ Appellant No. 2 Shri Pramod K. Khivesara availed housing services of the Respondent/ OP. While "M/s. Vasundhra Builders and Developers' through its sole proprietor-Shri Pravin S. Dave is referred to as the Opposite Parties/OP or Builder (Respondent herein) in this matter.

(3.) Brief facts of the case, as per the Complainant, are that the Complainant No.2 had booked a flat admeasuring 880 sq. ft. built up area on 6th floor of proposed 'A' wing of building on plot No.51, Hissa No.5/A, C.T.S.No.324(Pt.) Village Eksar, Borivali (West), for Rs.8,80,000.00 vide allotment letter dtd. 20/6/1995. The allotment letter outlined payment schedule as per progress of construction. Accordingly, the Complainant made initial payment of Rs.1,00,000.00 which was acknowledged by the OP. The allotment letter also stated that the formal agreement would be executed in due course.