Kumar Builders vs. Kalyani T. Deshpande And Ors Etc Etc

ITEM NO.601 COURT NO.1 SECTION XVII

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Petitions for Special Leave to Appeal (C) Nos. 7448-7450/2016

(Arising out of impugned final judgment and order dated 01/02/2016 in RP No. 1472/2015, RP No. 1566/2015 and RP No. 1570/2015 passed by the National Consumers Disputes Reddressal Commission, New Delhi)

KUMAR BUILDERS AND ORS Petitioner(s)

VERSUS

KALYANI T. DESHPANDE AND ORS ETC ETC Respondent(s)

(With appln. for exmeption from filing O.T. and permission to place addl. Documents on record)

Date : 15/03/2016 These petitions were called on in mentioning Board today.

CORAM :

HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE UDAY UMESH LALIT

For Petitioner(s)	Mr. Dushyant Dave, Sr. Adv.
	Ms. Shyel Trehan, Adv.
	Ms. Liz Mathew,Adv.
	Mr. Harikrishnan Pramod, Adv.

For Respondent(s) Mrs. Neela Gokhale, Adv. Mr. Devanshu Sharma, Adv. Ms. Kamakshi S. Mehlwal,Adv.

UPON hearing the counsel the Court made the following O R D E R

Taken on Board.

Applications for exmeption from filing O.T. and for permission to place additional documents on record are allowed.

Issue notice returnable within eight weeks.

On an oral prayer made by Shri Dushyant Dave, learned senior counsel, we add Pune Municipal Corporation as a party respondent. Cause title be amended accordingly.

Notice shall issue to the newly added respondent through the Commissioner,Pune Municipal Corporation.

Shri Dushyant Dave, learned senior Counsel submits, on instructions, that the petitioners shall complete the following formalities within eight weeks:

1) Obtain an occupation certificate from the Pune Municipal Corporation after removing all objections which the Corporation may have to raise.

The Corporation shall in turn within two weeks from the receipt of copy of this order, indicate to the petitioners, the objections, if any, to the issuance of the occupation certificate.

2) The petitioners shall withdraw the challenge mounted by them before the

2

District Joint Registrar of Cooperative Societies to the formation of the Cooperative Society by the respondents.

3) The petitioners shall execute a conveyance deed in favour of the Cooperative Society formed by the respondents/allottees.

4) The petitioners shall complete the laying of the children park as a part of the amenities which the petitioners were otherwise bound to provide under the agreement, if not already laid.

5) The petitioners shall also explore the possibility of setting up a club house and swimming pool within the available space in consultation with the respondents.

6) The maintenance amount collected by the petitioners shall be transferred to the credit of the Cooperative Society formed by the respondents/allottees.

7) The amount of Rs. 6,00,000/- (Rs. 2,00,000/- per person) awarded by the District Forum towards damages shall also be deposited within two weeks, if not already deposited. The amount so desposited, shall be disbursed to the respondents by the District Forum.

3

Subject to the above, further proceedings in execution before the District Forum, subject to the above, shall remain stayed.

[ Charanjeet Kaur ] [ Veena Khera ] A.R.-cum-P.S. Court Master