The National Consumer Disputes Redressal Commission,in a recent order that went in favour of Supreme Green Woods Society on NIBM Road,criticised the Pune District Consumer Disputes Redressal Forum (PDF) and State Consumer Disputes Redressal Commission for incorrect interpretation of a case filed by the Society against its builder Hindustan Properties and set aside their orders.
The criticism arose after the PDF and state commission did not take objection to the builder who had executed the conveyance deed through a court commissioner without informing the Society members. The said conveyance deed is flawed as it did not include services like a club house,which were required to be transferred to the Society. The Society members had raised objections against this draft conveyance deed, said advocate Dnyanraj Sant,counsel for the Society.
The national consumer commission bench of presiding member R C Jain and member S K Naik stated in its judgment,…the order passed by (Pune) district forum and upheld by State Commission on a wholly incorrect interpretation has resulted into miscarriage of justice. It needs to be set aside and the matter needs to be reconsidered by the district forum.
The Society has two buildings and 66 flats,for which possession was given to flat owners in December 2004. The Society through the then chairman N D Bhagatkar moved the PDF on October 15,2007 asking Hindustan Properties through its partner Parveen Aslam Khan to hand over the documents and property in favour its by executing the conveyance deed. During the proceedings of this case,a court commissioner was appointed as suggested by the Society. The PDF on October 14,2008,directed the builder to hand over the documents,property and execute the conveyance deed. However,the builder seemed reluctant to do so.
When the Society members filed for execution of the PDF order in the same forum on February 27,2009,they were shocked to know that the builder had executed the flawed conveyance deed without informing them. The PDF bench of P K Gaikwad,presiding member along with Jawahar Naik and Sulabha Joshi as members disposed of the matter on October 20,2010,saying that the deed had been executed.
The aggrieved Society then approached the state commission,but its revision petition was not admitted. The presiding member S R Khanzode and member Dhanraj Khamatkar of the state forum,too,disposed of its petition on similar grounds. The court commissioner was to look into the deficiencies alleged by the Society and submit a report to the court but the builder executed the flawed conveyance deed showing the court commissioner as a representative of the Society, said Sant.
The Society decided to fight the case out in the national consumer commission. The commission not only criticised the orders by the district and state forums,but also set them aside. The matter was sent back to the PDF for execution of fresh/ additional conveyance deed.