LAWS(NCD)-2016-5-93

KHUSHBOO VINODRAY MALKAN RESIDING AT 31 Vs. GODREJ PROPERTIES LOCAL OFFICE AT: 2ND FLOOR, RUDRA PATH COMPLEX, NEAR RAJPATH CLUB, SARKHEJ GANDHINAGAR HIGHWAY, AHMEDABAD

Decided On May 31, 2016
Khushboo Vinodray Malkan Residing At 31 Appellant
V/S
Godrej Properties Local Office At: 2Nd Floor, Rudra Path Complex, Near Rajpath Club, Sarkhej Gandhinagar Highway, Ahmedabad Respondents

JUDGEMENT

(1.) These three appeals, as detailed in the heading above, have been filed, challenging the impugned order dated 24.11.2015, passed by the Gujarat State Consumer Disputes Redressal Commission, Ahmedabad, (hereinafter referred to as ‘the State Commission’) in Consumer Complaint no. 109/2015, 111/2015 and 112/2015, vide which, application for interim relief, filed by the complainants before the State Commission has been dismissed.

(2.) Briefly stated, the facts of the case are that the present appellants before this Commission, filed consumer complaint before the State Commission against the respondent/OP Godrej Properties Ltd., seeking directions to deliver possession of the flats in question, for which, they had made the booking after depositing sums at different intervals. It was requested that possession of the flats should be delivered after curing defects in the flats and after completing common facilities like club house and to allot car parking slots etc. It was also stated that interest should be awarded for the delay in delivery of possession. The complainants also filed application for interim relief, stating that the OPs should be restrained from cancelling the allotments made to the complainants, because the balance of convenience was in their favour, having deposited various amounts from time to time. It was also requested that common facilities like club house, swimming pool and gymnasium be also provided. The State Commission passed the following order on 24.11.2015:-

(3.) The said order has been challenged by way of the appeals as stated above.