MANOJ D RANDIVE Vs. DEV-ASHISH

JUDGEMENT

(1.) LEARNED Amicus Curiae has fairly conceded that petitioner is not a consumer. Arguments heard. Order after lunch. Above noted revision petition was received by post by the Registry. Since there were certain defects as pointed out by the Registry, we appointed Ms. Girija Wadhwa, Advocate as Amicus Curiae to assist this Commission.

(2.) PETITIONER /Complainant had filed a Consumer Complaint before Consumer Disputes Redressal Forum, Bandra (East), Mumbai on the allegations that his late mother entered into an agreement with respondent no.2 -M/s.Ashish Builders on 15/10/1990 to purchase a flat situated in building known as Dev -Ashish Co -op.Hsg.Society and paid the entire consideration. Possession of the flat was received by her as per the order passed by this Commission in Appeal no.A/96/528 on 30/05/1997. In the meantime, Housing Society of the flat purchasers from the said building viz. respondent no.1 -Dev Ashish Co -op.Hsg.Society (herein after referred as 'Society') was registered on 14/02/1997. Petitioner Manoj was the nominee and power of attorney holder of his mother. An application was made by him for his mother for the membership of the society and made an enquiry about the corporation taxes and other charges. The Society did not part any information to him as well as refused to accept the maintenance charges, corporation taxes, etc. from him. However, he paid charges of ?1,342.50ps. by cheque but said cheque was returned. It is further alleged that on 11/11/1997, society declined to make his mother as its member but demanded an amount of ?17,286/ - as arrears w.e.f. 01/04/1994. It is also alleged that respondent no.3 -Mr.Vivek M.Dharia, who possesses flat no.5 situated above the flat of his mother, renovated his flat and as a result of which, there was leakage in their flat. He also claimed that respondent no.2 did not execute the conveyance in favour of the society. Therefore, he filed consumer complaint on 16/06/2007 inter -alia claiming the following reliefs: -

(3.) DISTRICT Forum vide order dated 27.02.2007, dismissed the complaint of the petitioner against which petitioner filed appeal before the State Commission, Mumbai, which also dismissed the appeal vide impugned order dated 05.10.2012.