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DEEPA SHARMA, SUBHASH CHANDRA
Suparna Nihal Singh – Appellant
Versus
Ireo Grace Realtech Pvt. Ltd. – Respondent
ORDER
Subhash Chandra, Member—This complaint is filed u/s 21(a)(i) of the Consumer Protection Act, 1986 in respect of the flat booked by the complainant in a project promoted and developed by the opposite parties alleging deficiency in service and unfair trade practice resulting in delay in handing over possession of the flat and seeking refund of the amount deposited along with penal interest and other compensation.
2. The brief facts of the case are that the complainant had booked a flat in the project ‘The Corridors’ promoted and developed by the Opposite party viz. Ireo Grace Realtech Pvt. Ltd. located on Golf Course Extension Road, Sector 67 A, Gurgaon, Haryana on 28.03.2013 for his residential purpose for a total sale consideration of Rs.1,84,44,568/- and deposited Rs. 16,00,000/- as booking amount with the opposite party. On subsequent dates further instalments were paid. An allotment letter was issued by the opposite party to the complainant on August 2013 allotting flat no.CD-A4-06-602, ad measuring 1726.91 sq ft. An Apartment Buyer’s Agreement (in short ‘the ABA’) was entered into between the complainant and the opposite party on 02.06.2014. As per clause 13.3 of the ABA,
Committed date - the committed date has to be reckoned from the date of the sanction of building plans which includes the date of approval of the fire safety scheme.
Delays in possession of real estate mandate full refund to consumers under the Consumer Protection Act.
(1) Bald assertion – In the absence of any evidence being brought on record, merely a bald assertion that the project was delayed due to in action by the Government or its statutory organisations and....
Consumer rights include timely possession and refund in cases of inordinate delays by builders, ensuring protections under consumer law are maintained.
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....
No Occupancy Certificate – The Occupation Certificate is not available even as on date, which clearly amounts to deficiency of service.
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....
The Developer's failure to deliver possession constitutes unfair trade practice, mandating refund and compensation.
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