: 1 : vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.675 OF 2009 Sampat S. More ... Petitioner V/s. Atlas Copco (India) Co.op. Housing Society Ltd. & Ors. ... Respondents Mr.U.P. Warunjikar for Petitioner Mr.Sarang Aradhye for Respondent Nos.1 to 4 CORAM: SMT.NISHITA MHATRE, J. DATED: 15TH JUNE, 2009 P. C.: 1. The petition has been filed against the order of the trial Court as well as the appellate Court dismissing the dispute filed by the petitioner. The petitioner had claimed damages from the respondent society since the work of construction of the structure on the plots allotted by the society to the petitioner was of inferior quality. The petitioner contends that he was required to engage some other contractor to complete the work and, therefore, the society was liable to pay damages to the petitioner. 2. Both the Courts below have found that the society was not obliged to construct houses for its members. In fact, the petitioner had admitted in his evidence : 2 : that some members of the society had constructed their houses independently on their respective plots while others had engaged contractors through the society. The Courts below have therefore inferred that the members of the society were free to construct their houses in accordance with their desires. In such circumstances, it cannot be said that the Courts below have committed an error dismissing the dispute. The impugned orders do not suffer from any perversity requiring the exercise of the jurisdiction of this Court under Article 227 of the Constitution of India. 3. Petition rejected.