DHIRENDRA V SHETH Vs. ARVIND V SHETH

JUDGEMENT

(1.) This single order shall dispose of all four appeals detailed in the heading above and a copy of the same shall be placed on each file.

(2.) First Appeal No. 254/2008 has been filed by the complainant Dhirendra V. Sheth against the impugned order dated 16.04.2008, passed by the Maharashtra State Consumer Disputes Redressal Commission (hereinafter referred to as 'State Commission') in consumer complaint No. 224/1999, Dhirender V. Sheth vs. Arvind Vasant Lal Sheth, vide which the said complaint has been dismissed. FA No. 255/2008 has been filed by Mrs. Sushila Dhirendra Sheth, w/o Dhirendra V. Sheth against another order passed by the State Commission on the same date, i.e., 16.04.2008 in Consumer Complaint No. 223/1999 vide which the said complaint was also dismissed. FA No. 303/2008 has been filed by Ms. Renuka Dhirendra Sheth, d/o Dhirendra V. Sheth against Arvind V. Sheth and Anr. against the impugned order dated 15.05.2008 passed by the State Commission in CC/223/1997 vide which the said complaint was partly allowed. FA No. 315/2008 is cross appeal to FA No. 303/2008 filed by the opposite party Mr. Arvind V. Sheth against the same impugned order dated 15.05.2008. It may be mentioned here that during the pendency of these appeals, Dhirendra V. Sheth died on 29.04.2009. His wife, Mrs. Sushila Dhirendra Sheth, his son Mr. Jayesh Dhirendra Sheth and his daughters Ms. Renuka Dhirendra Sheth and Ms. Dipika Dhirendra Sheth alias Dipika Lalit Bhandari were impleaded as LRs of Late Mr. Dhirendra V. Sheth. It may be mentioned here that OP-1 in all these cases, i.e., Mr. Arvind V. Sheth is the real brother of Late Mr. Dhirendra V. Sheth.

(3.) The factual matrix of these cases brings out that the complainant, Dhirendra V. Sheth and the OP Arvind V. Sheth are real brothers and they had a family property situated at Geetanjali Nagar, one of the western suburbs in Western Bombay. The OP Arvind V. Sheth, being the co-owner of the property, had undertaken to develop the said property and sell parts of the same to various persons. The complainant Dhirendra V. Sheth and his family members also entered into some agreements with OP Arvind V. Sheth for obtaining certain portions from the property in question and paid different sums of money from time to time. There are four different consumer complaints involved in the present litigation, namely, CC No. 224/1999, CC No. 223/1999, CC No. 223/1997 & CC No. 271/1997. CC No. 224/1999 was filed by Dhirendra V. Sheth and is the subject matter of FA No. 254 of 2008. CC No. 223/1999 was filed by Smt. Sushila Dhirendra Sheth, w/o Dhirendra V. Sheth and is the subject matter of FA No. 255/2008. CC No. 223/1997 was filed by Renuka Dhirendra Sheth d/o Dhirendra V. Sheth and is the subject matter of cross appeals, i.e., FA No. 303 of 2008 and FA No. 315 of 2008. CC No. 271/1997 was filed by Dhirendra V. Sheth and his son Jayesh Dhirendra Sheth and is the subject matter of FA No. 256 of 2008 already dismissed by this Commission vide order dated 26.11.2008, as stated in the succeeding paragraphs.