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C. VISWANATH, RAM SURAT RAM MAURYA
K. Madhusudhan Rao – Appellant
Versus
Lodha Healthy Constructions & Developers Pvt. Ltd. (LHCPL) – Respondent
ORDER
The present Complaint is filed under Section 21(a)(1) of the Consumer Protection Act, 1986.
2. The Complainant is a non-resident Indian. Opposite Party No.1 is a developer and Opposite Party No.2 is a Bank. The case of the Complainant is that on 08.08.2009 he booked Apartment No.800 on 8th floor in “Beverly Hills Tower in Lodha Bellezza Complex” Kukatpally Hyderabad having a carpet area of 3282 sq. ft. along with 3 car parking for a total consideration of Rs.2,30,73,876 launched by Opposite Party No.1, by paying an advance of Rs.4,50,000/-. Thereafter, the Complainant paid two instalments of Rs.22,45,288/- and Rs.24,16,288/- on 25.08.2009 and 30.09.2009 respectively. The Complainant, thus, paid an amount Rs.51,11,576/-, which was 22 % of the total sale consideration. After receiving the payment, Opposite Party No. 1 sent the Agreement for Sale dated 21.10.2009.
3. According to the Complainant, Opposite Party No. 2 was major shareholder of the Project and offered housing loan to all purchasers. The Complainant applied for housing loan with Opposite Party No.2 who, vide let
(1) Delayed Construction - There was no evidence of any lock-out or strike by the labour at the site of the project. There was no civil commotion, war, enemy action, terrorist action, earthquake or a....
(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....
Super Built-up area – The alteration in super built up area in large projects including common areas is a common feature and is acceptable if is within a reasonable variable of 5 to 10%.
Valid contract cancellation for buyer payment default; no deficiency in service when builder completes per tripartite agreement.
(1) No material to show that Complainants are engaged in the business of purchasing and selling houses and/or plots on a regular basis.(2) Failure of the developer to comply with the contractual obli....
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....
Commercial Purpose - Mere allegation, that the purchase of the said flat is for commercial purpose, cannot be the ground to reject the present consumer complaint.
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