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C. VISWANATH, RAM SURAT RAM MAURYA
Abdul Rasheed Khan – Appellant
Versus
Mantri Developers Pvt. Ltd. – Respondent
ORDER
The present Complaint is filed under Section 21(a)(1) of the Consumer Protection Act, 1986 against Opposite Parties seeking refund of the deposited amount alongwith compensation for delay in completing the housing project. Opposite Party No.1 is a private company engaged in the construction of Commercial and Residential Buildings and Opposite Party No.2 is the Chairman and Managing Director of Opposite Party No.1.
2. Opposite Party No.1 formulated a scheme for construction of the residential apartment building complex together with common amenities and facilities under the name ‘Mantri Webcity’. Opposite Parties published an advertisement offering luxurious integrated township at Nagareshwara Nagenahalliand Kothanur Villages, K.R. Puram Hobli, Bangalore South Taluk known as “MANTRI WEBCITY”. After seeing the advertisements, brochures and on the basis of the promises made by the Opposite Parties, Complainants entered into two separate agreements, one for purchase of undivided share in the land and the other for construction of the flat. It was promised by Opposite Parties that possession of the flat would be delivered on 31.01.2015. Complainants were allotted flat No.E-003 for
Specified time - Therefore when possession of the allotted plot/flat/house is not delivered within the specified time, the allottee is entitled to a refund of the amount paid, with reasonable Interes....
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.
Unreasonable Delay - In a case of an unreasonable delay in offering possession, a buyer cannot be compelled to accept possession at a belated stage and is entitled to seek refund of the amount paid w....
(1) Contract - A term of a contract, will not be final and binding if it is shown that the consent to the said term was not really voluntary, if the person giving consent had no other choice. (2) Nom....
(1) Possession – Directing possession of the apartment without the requisite certificates would be inappropriate and not in the interest of justice.(2) National Commission – National Commission deter....
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....
For failure of delivery of possession of flats within the stipulated, refund of amount directed.
Failure to deliver possession constitutes deficiency in service, validating consumer refunds with interest.
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