Maharashtra Cooperative Societies Act

The Supreme Court upheld the enforceability of a cooperative court's decree for specific performance, ruling that subsequent unauthorized constructions and unapproved plot mergers do not render a decree inexecutable. The Court directed the removal of obstructing structures to facilitate the allotment and delivery of vacant possession to the decree-holder, affirming the executability of the award. Facts Of The Case: The appellant, Southern Nagpur Co-operative Society Limited, was directed by the Cooperative Court in a 2000 award to allot Plot No. 5A to its member, respondent Ganpati Yadavrao Kumbhare, a decree upheld in subsequent appeals. During execution proceedings, the appellant society objected, claiming the plot had lost its identity as it was merged with adjoining Plots 4 and 4A in...

This judgment addresses an anomaly in Section 25 of the Consumer Protection Act, 1986, as amended in 2002, which inadvertently limited enforcement to "interim orders" only. The Supreme Court applied purposive interpretation to read "any order" in place of "interim order," thereby allowing enforcement of final orders as decrees under CPC Order XXI for the period 2003–2020. It also clarified that appeals against execution orders lie only to the State Commission, with no further appeal. Facts Of The Case: The appellant, Palm Groves Cooperative Housing Society Ltd., comprising flat purchasers, filed a consumer complaint against the respondent builder, M/s Magar Girme and Gaikwad Associates, alleging deficient services and seeking execution of a conveyance deed for the common areas. The Distr...

Tag: Maharashtra Cooperative Societies Act

Society Cannot Evade Decree by Raising Unauthorized Constructions, Rules Supreme Court

Supreme Court Ensures Consumer Rights Are Enforced : No More Paper Decrees