JAIN BUILDERS Vs. VAISHNU S ZAVERI

JUDGEMENT

(1.) Present revision petition has been filed by Petitioners/Opposite Parties against impugned order dated 08.07.2011, passed by State Consumer Disputes Redressal Commission, Maharashtra, Mumbai (for short, 'State Commission').

(2.) Brief facts are that Petitioners entered into an agreement with members of Respondent No.1/Complainants Society, who are flat purchasers on ownership basis and handed over possession in year 1995-1996 of respective flats, after receiving the entire consideration. Respondent No.1 filed a consumer complaint against the Petitioners before the District Forum for getting the flats transferred in their name, on ownership basis. It was the responsibility of the petitioners to get the same transferred in their name within a period of four months. Since, petitioners failed to execute the conveyance deed in their favour, there is clear cut deficiency in service on their part.

(3.) Petitioners in their written statement admitted that "Flat Purchasers Agreement" was executed by it, in favour of individual flat purchasers. However, the complaint is barred by limitation. Further, as per Agreement, the flat purchasers are entitled to seek conveyance deed from the petitioners only after the project is completed in all respects. Since, entire project had not yet been completed and development work is not yet over, therefore petitioners cannot execute the conveyance deed.