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DEEPA SHARMA, SUBHASH CHANDRA
Jaypee Kasablanca Buyers Welfare Association – Appellant
Versus
Jaiprakash Associates Ltd. – Respondent
ORDER
Subhash Chandra, Member.—This is a complaint under section 21 (a) (1) of the Consumer Protection Act, 1986 that has been filed by 22 members of the complainant association which is a registered association registered under the Societies Registration Act, 1860 against the opposite party – Jaiprakash Associates Ltd., under section 12 (1) (b) of the Act, with respect to the respective apartments booked by individual members of the association in the project “Kasablanca” Jaypee Wish Town, Sector 128 Noida, promoted and developed by the opposite party alleging deficiency in service and unfair trade practice and seeking refund of their money along with interest and compensation.
2. The brief facts of the case are that in the year 2012, the opposite party had promoted the above said project as a part of an integrated township called Jaypee Greens being developed by it. The members of the association had booked the apartments in the said project on various dates between 2012-2013 for varying sale considerations based upon the super built areas of the respective flats with varying components such as PLC, parking etc. Provisional allotment letters were issued to individual allottees an
1. The Opposite Party shall refund the entire amounts deposited by the 22 complainants from the respective dates of deposit with interest @ 9% till the date of repayment; 2. Opposite Party shall pay ....
Right to Compensation - The right of the consumer to be compensated for inordinate delay in the offer of possession of a residential apartment booked by them due to inordinate delays by builders when....
Arbitration Clause - An arbitration clause in the Agreement does not bar the jurisdiction of the consumer fora to entertain the complaint.
Right to claim refund - the complainant in the present circumstances have a legitimate right to claim refund alongwith fair delay compensation/interest from the OP.
(1) Delay - the construction of a residential apartment constitutes a ‘service’ and that the delay in not adhering to the indicated time schedule constitutes deficiency in service.(2) Refund – the de....
Delays in possession of real estate mandate full refund to consumers under the Consumer Protection Act.
Installment – Once the instalments were collected, the buyers are sought to be non-suited on a multitude of grounds, primarily the liability of the Government in not providing infrastructure and to c....
Delay in delivery of possession constitutes unfair trade practice under the Consumer Protection Act.
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