The Maharashtra State Consumer Dispute Redressal Commission has directed Builder to deliver the possession of flats and pay Rs.25000 to the Flat Buyers as the cost.
The Revision petitioner, M/s.Karia Builders filed three revision petitions, challenging the order of Additional District Consumer Disputes Redressal Forum, Pune, allowing application filed by execution petitioners. The additional district forum allowed the application partly and directed the revision petitioners original opposite parties-accused to provide certain documents as prayed in the application.
Advocate for revision petitioners, submitted that the additional district forum erred in passing order dated 2nd January 2020, in that the forum passed order of civil nature, when the criminal proceedings were instituted against revision petitioners, in execution proceedings filed by respondents- original complaints. He invited the attention of the bench to the application filed by original complainants for directing the revision petitioners-original opposite parties to provide certain documents to the respondents-original complaints.
Additionally, the forum dismissed two applications filed by the accused, revision petitioners, praying for dismissal of the execution petition as original complainants- execution applicants were not attending the court regularly. Advocate further submitted that the Additional District Forum should not have passed the order of civil nature, directing the accused to provide certain documents at the final stage of the execution proceedings which is of criminal nature and hence prayed for setting aside the order of learned Additional District Consumer Disputes Redressal Forum.
The presiding member, Dr.S.K.Kakade while dismissing the revision petition directed the revision petitioner/original opponent to deliver possession of flats to the complainants within period of 15 days after receipt of free copy of this order and, thereafter, if it is found that the possession has not been delivered, the Additional District Consumer Disputes Redressal Commission shall proceed in the matter expeditiously without any delay on day to day basis to decide finally the execution petition 6 filed by the original complainants, Shobha Bhagde/ Haresh Bhagde.
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