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Landmark Judgments

  1. CC/17/985 – BLOSSOM GROCERY & FOODS INDIA PVT LTD. Vs. EXPORT CREDIT GUARANTEE CORPORATION OF INDIA LTD

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  2. CC/07/177 – Jolly Apartment Co-op. Hsg. Society Ltd Vs. M/s.Saranga Estate Pvt.Ltd.

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  3. A/14/845 – Mrs. Jyoti Agrawal & Anr. Vs. Silver Riddhi Siddhi CHS Ltd.
     
    The Appeal was filed by the Appellant (Original Complainant) challenging the order of the District Forum who Concluded that “Parking was already allotted to the flat purchasers by the builder and society is not concerned in allotment of the same. Hence, there is no ‘deficiency in service’ on the part of the society.

    Hence, the Ld. District Forum dismissed the Complaint.The Hon’ble State Commission has observed that the complainant is holding flat admeasuring carpet area of 88 sq. mtrs. and as per the DC rules he is eligible to get one car parking space.  The Hon’ble State Commission was pleased to set aside the order of the Ld. District Forum and held that as per the bye-laws of the society it is the duty of the society to alot the car parking spaces to its members and the builder does not have any right to alot the same.

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  4. CC/11/78 – Jyoti Avenue CHS. Ltd. Vs. Jyoti Developers Ltd.
     
    The Complaint was filed by the Complainant Society against the Opposite Party Developer/ promoter for non-compliance of statutory obligations of not obtaining Occupation Certificate, Building Completion Certificate, and executing the Deed of Conveyance in favour of the society.
     
    Held – It was held by the Hon’ble  State Commission that the meaning of the word possession as per Maharashtra Ownership of Flats Act,1963 is a Legal Possession.  Hence, even if the physical possession is handed over by the Developer / Promoter to the respective flat purchasers without obtaining Occupation Certificate and Building Completion Certificate then also it is the duty of the Developer to pay “all the outgoings including all Property Tax and Water Charges” till he obtains Building Completion Certificate in respect of the building in question.

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  5. CC/16/2004 – Rajendrakumar Agarwal Vs. M/s.Rushi Construction Co.
     
    Held – In view of the legal position that these are the statutory obligations on the part of the opponents, we find that anybody out of flat purchasers can ask for those reliefs.Hence, the opponents were jointly and severally directed to obtain occupancy certificate and building completion certificate from the local authority.Opponents were jointly and severally directed to form the society of the flat purchasers in the said building and to convey property in favour of the said society.The Hon’ble State Commission directed the opponents to jointly and severally comply the above statutory obligations within two months from the date of this order, otherwise, opponents shall pay Rs.500/- (Rupees Five Hundred Only) per day to the complainants.

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  6. CC/18/609 – Tushar Borade Vs. Siroya FM Constructions Pvt. Ltd.
     
    Held –  Even if the Specific Liberty is not granted earlier while withdrawing the complaint, liberty is always there with Complainant in the interest of justice.

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  7. CC/154/2010 – Industry Manor Condominium Vs. Nomanbhai Teherally Bandukwalla.
     
    The Promoter cannot keep the possession of Terrance, Parking Spaces and Common Spaces with him by putting unfair clauses in the Development Agreement.