ASHA MENON
Dipika Sen – Appellant
Versus
P. K. Agrawal – Respondent
JUDGMENT :
1. This suit had been filed originally for the execution of a Conveyance Deed and recovery of amount allegedly/illegally withheld by the defendants and for damages for abuse of process, harassment, criminal intimidation, blackmail and extortion.
2. The case set up by the plaintiffs who are husband and wife is that they are the joint owners of Apartment No. E-103, situated at Ambience Lagoon Apartment Residential Complex, Ambience Island, NH-8, Gurgaon, Haryana, which they had purchased from the defendants on 20th October, 2001 vide the Apartment Buyer’s Agreement. It is stated that the plaintiffs had paid a sum of Rs.54,47,706/- towards the purchase of the flat. They were then required to pay an additional 13% of the sale price towards the registration charges for the conveyance of the said flat and thus, the defendants collected from the plaintiffs, as also from the other apartment owners, a sum of Rs.6,61,760/- which the plaintiffs paid in two installments in the hope that the Sale Deed would be registered in their names.
3. The said sum of Rs.6,61,760/- was paid in two installments. One of Rs.3,61,750/- vide cheque No.544287 dated 10th April, 2003 and the second installm
Apartment - Sale of parking space - Having accepted agreement and terms under for purchasing the separate parking space now cannot question the same.
Allotment of flat – Maintenance charges could not be charged till the receipt of occupancy certificate.
The court affirmed the validity of executing and registering the sale deed upon payment of the balance consideration while dismissing claims of defects due to lack of prior complaints.
The court established that arbitrary contract terms violate consumer rights; thus, builders must refund deposits while allowing for minimal forfeiture on cancellation.
Additional Payment – the demand of the Opposite Party for additional payment on account of the alleged increase in Super Area of the Flat was unjustified.
A company struck off under Section 248 (5) of the Companies Act, 2013 may be rendered -dormant- for all other purposes, the ‘certificate of incorporation’ is ‘specifically’ and ‘statutorily preserved....
The transfer of property by one spouse, despite ongoing disputes, upheld when proper process and ownership evidence are established; injunction claims dismissed under Specific Relief Act provisions.
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