SATISH MOHITE Vs. JAYANTKUMAR THANGASWAMY NADAR

JUDGEMENT

(1.) Opposite Party No.1 Mr. Satish Mohite entered into an agreement with opposite party No.2 Chembur Suprabhat Cooperative Housing Society Ltd., for reconstruction of the building of the society and providing flats of identical size to the society members, in the newly constructed building. The extra FSI available to opposite party No.1 could be used for constructing additional flats and selling them to the new buyers. He thereafter entered into agreements with the complainants for sale of the one flat each to them for the sale consideration agreed between the parties. Since he failed to deliver possession of the said flats, the complainants approached the concerned State Commission, seeking possession of their respective flats along with compensation etc.

(2.) Since disputes arose between the opposite party No.1 Satish Mohite and the society, the development agreement was revoked by the society and opposite party No.4 M/s. Cityline Builder and Developers was appointed to execute the project. A Civil Suit was thereafter filed opposite party No.1 Mr. Satish Mohite in City Civil Court, Mumbai which resulted in a settlement, but the complainants were not parties to the said civil suit or to the said settlement. Under the said settlement, opposite party No.1 took it upon himself to settle all the issues with the flat buyers who had booked the flats with him.

(3.) The State Commission vide impugned order dated 15.7.2016 directed as under: