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R. K. AGRAWAL, BINOY KUMAR
Jitendra Shiv Kumar Ahuja – Appellant
Versus
Ireo Pvt. Ltd. through its Managing Director – Respondent
ORDER
The present Consumer Complaint has been filed under Section 21 of the Consumer Protection Act, 1986 (for short “the Act”) by the Complainants, husband and wife, against the Opposite Party, M/s. IREO Private Ltd. (hereinafter referred to as “the Developer”) seeking refund of the deposited amount as the Developer has failed to hand over the possession of the Apartment booked by them in the Project, namely, “IREO City Central” (hereinafter referred to as “the Project”) in terms of the Apartment Buyers Agreement (hereinafter referred to as “Agreement”) executed between the parties.
2. The facts of the case as narrated in the Complaint, are that in response to the Applications invited by the Opposite Party Developer for allotment of Flats/Apartments in their upcoming Project, “IREO City Central” located at Sector no.59, Gurgaon, Haryana, the Complainants had booked a Service Apartment on 28.02.2012 by paying a sum of Rs.13,69,290/- and they were issued a Priority No. S/64 towards their Expression of Interest. The Complainants were allotted Apartment No. R0403 on 4th floor, having an approximate area of 908.33 sq, ft. vide Allotment Offer letter dated 26.09.2012 for a total Sale Co
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) 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....
No Occupancy Certificate – The Occupation Certificate is not available even as on date, which clearly amounts to deficiency of service.
(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) 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....
One-sided contractual terms in real estate agreements constitute unfair trade practices, entitling consumers to refunds and compensation.
(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
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