LAWS(NCD)-2015-12-62

BALAJI CONSTRUCTION AND ANR. SAHYOG HOUSING SOCIETY, PLOT NO Vs. SOU SUHASINI KAMALKANT LOKHANDE R/O FLAT NO

Decided On December 07, 2015
BALAJI CONSTRUCTION And ANR ; SAOU VINAYA ABHAY PATHAK, PROP BALAJI COSNTRUCTION AND ORS Appellant
V/S
SOU SUHASINI KAMALKANT LOKHANDE Respondents

JUDGEMENT

(1.) These three Revision Petitions, by a Real Estate Developer and its Proprietor, are directed against a common order, dated 15.07.2014, passed by the Maharashtra State Consumer Disputes Redressal Commission at Mumbai (for short "the State Commission") in First Appeals No. 12/294-296. By the impugned order, the State Commission has allowed all the three First Appeals, preferred by the Respondents/Complainants against the order, dated 27.06.2011 in Complaint Cases No.50/2010, 58/2010 and 1545/2009, whereby the Complaints were dismissed by the District Consumer Disputes Redressal Forum at Sangli (for short "the District Forum") on the ground that the flats in question were not available for being handed over to the Complainants and the claim for return of money had become time barred.

(2.) The main grievance of the Petitioners is that neither in the proceedings before the District Forum nor in the State Commission the notices issued by the said Forums had been properly served, with the result that at both the Forums the Petitioners were deprived of their valuable right of having their say.

(3.) Upon notice, appearance has been entered on behalf of the Complainants.