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R. K. AGRAWAL, S. M. KANTIKAR
Aashish Bansal – Appellant
Versus
Ireo Pvt. Ltd. – Respondent
ORDER
R.K. Agrawal, President.—The present Consumer Complaint has been filed under Section 21 (a) of the Consumer Protection Act, 1986 (hereinafter referred to as “the Act”) by the Complainants, against the Opposite Parties, namely, M/s. Ireo Pvt. Ltd. and M/s. Nucleus Conbuild Pvt. Ltd., seeking refund of the money paid, as the Opposite Parties have failed to handover the possession of the Apartment booked within the stipulated period.
2. The facts as enumerated in the Complaint are that in November, 2011 the Complainants booked an Apartment with the Opposite Parties in the Project, “Ireo Gurgaon Hills” (hereinafter referred to as “the Project”) located in the Village Gwal Pahari, Tehsil Sohna, District Gurgaon, Haryana for their personal use. Thereafter, the Apartment Buyer’s Agreement (hereinafter referred to as “the Agreement”) was executed between the Parties on 07.11.2012, i.e. after a year from the date of booking. It is alleged by the that some of the terms of the Agreement are arbitrary and one-sided in favour of the Opposite Parties and as the Complainants have already paid more than rupees One Crore, they have no option but to sign the same.
3. The Complainants have stat
(1) Remedies - The remedies under the Consumer Protection Act, 1986 are in addition to the remedies available under special statutes.(2) Refund of Money - Buyer cannot be made to wait indefinitely fo....
IMPORTAN POINT Grace Period - Developer is entitled for benefit of the grace period only in the event of delay happening on accounts of the reasons which the parties could not have foreseen at the ti....
(1) Principle laid down is that onus of establishing that the Complainant was dealing in real estate, i.e., in purchase and sale of plots/flats in his normal course of business to earn profits shifts....
(1) Delay in obtained permits cannot be claimed as Force Majeure defense(2) Unjust agreement in favor of builder cannot be upheld(3) COVID-19 can be claimed as a Force Majeure defense
No Occupancy Certificate – The Occupation Certificate is not available even as on date, which clearly amounts to deficiency of service.
1) Arbitration Clause in the Agreement does not bar jurisdiction of the Consumer Fora to entertain the Complaint2) No hesitation in holding that terms of Apartment Buyer’s Agreement were wholly one-s....
For failure of delivery of possession of flats within the stipulated, refund of amount directed.
1) Incorporation of one-sided and unreasonable clauses in Apartment Buyer’s Agreement constitutes an unfair trade practice under Section 2(1)(r) of the Consumer Protection Act.2) Developer cannot com....
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