RAM SURAT RAM MAURYA
Arun Kumar Mishra – Appellant
Versus
Gtm Builders & Promoters Pvt. Ltd. – Respondent
ORDER
Heard Mr. Arun Kumar Mishra, other Advocates and the buyers (In person), for the buyers and Mr. Aditya Narain, and Mr. Rahul Malhotra, Advocates, for GTM Builders & Promoters, in the appeals.
2. Some of the appeals are reported as time barred. The appellants have filed delay condonation application, giving cause for delay. Delay in filing the appeal is condoned. All such appeals are treated as filed within time. Some details of the appeals are given below:—
| First Appeal | Consumer Complaint | Home Buyer | Date of application | Rate (per sq. ft.) |
| FA/335/2013 | CC/100/2010 | Girish Omprakash Dadheech | 01.05.2006 | 2290 |
| FA/336/2013 | CC/278/2011 | Vipul Sachdeva | 23.02.2005 | 1500 |
| FA/337/2013 | CC/279/2011 | Prama Chopra | 19.02.2006 | 2221 |
| FA/338/2013 | CC/282/2011 | Randhir Kumar | 2006 (by ex-owner) | 2225 |
| FA/345/2013 | CC/222/2009 | Kabir Khathuria & Farima Kalani | 30.05.2006 | 2400 |
| FA/346/2013 | CC/221/2009 | Nishant Anchal and Sunil Murti Anchal | In the year 2006 | 1800 |
| FA/347/2013 | CC/342/2009 | Rajiv Pa | ||
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(1) Earing profits - The onus of establishing that the Complainant was dealing in real estate i.e. in the purchase and sale of plots/ flats in his normal course of business to earn profits, shifts to....
Multiple compensations – Multiple compensations for singular deficiency is not justifiable.
The execution of a conveyance deed and prior acceptance of compensation settle a builder-buyer dispute, preventing subsequent claims of deficiency despite contractual delays.
Allottees held entitled for compensation for delay in delivery of possession of flat in question.
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