Mumbai: NCDRC Upholds Order Against Borivali Developer - Must Sell Flat At 2008 Rate Despite Dissolved Partnership

The National consumer dispute redressal commission has held the orders passed by the State consumer Dispute Redressal Commission which had directed a Borivali based developer to hand over the flat, with the same amount, which was quoted way back in 2008, after receiving the booking amount of Rs 51,000 from the customer.

The commission, while reprimanding the developer for failing to abide by his liabilities under the guise of the ‘dissolved partnership’, held that the MOFA act does note permit him to abstain himself from the promised liabilities even in the absence of partnership firm. The developer, will have to abide by the earlier SCDRC orders, thus directing him to sell the flat ad-merasuring 895 sq feet at a rate 23 lakhs.

G Sunder had booked a flat at  Raheja Estate ,Borivali ( East), Mumbai at a consideration of Rs.2501/- per sq. ft. with Bhoomi Construction a partnership Firm in their project ‘Bhoomi  Breeze’, of which Akshay Doshi and Ramesh Mehta were partners. However the SCDRC through its order had deleted Mehta’s name and hence only Doshi was liable for the same. 

A receipt of Rs 51,000 was issued to the complainant by  Doshi , but even after receiving the said amount, no agreement was executed the complainants had thus approached the commission with the same complaint. Doshi however had claimed that since the partnership was dissolved, thus he was not liable for the same.

The National commission in its orders maintained that dissolution of partnership does not release partners from obligations under the Maharashtra ownership flats act (MOFA), emphasising that partners remain liable for commitments made during the firms operation as per the Indian partnership act.