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RAM SURAT RAM MAURYA, INDER JIT SINGH
Kavitha Bommareddy – Appellant
Versus
Ramprastha Promoters and Developers Pvt. Ltd. – Respondent
ORDER
Dr. Inder Jit Singh, Member—The present Consumer Complaint (CC) has been filed under Section 21 of the Consumer Protection Act,1986 (for short ‘the Act’) by the Complainant against Opposite party (OP) as detailed above, inter alia praying for:—
(i) To direct OP to pay a sum of Rs. 30,74,813/- along with interest @ 24% from date of refund of the monies paid by the Complainant for flat.
(ii) To direct OP to pay Rs.5 lakhs towards compensation for mental agony and harassment.
(iii) To direct OP to pay Rs. 1 lakh towards litigation cost.
2. Notice was issued to OP, giving them 45 days’ time to file written statement. Written statement was filed by OP.
3. It is averred in the Complaint that:—
(i) The complainant booked a residential apartment with the OP in a project namely ‘Rise’ which the OP was to develop in Sector 37-D of Gurgaon. The booking was made on 02/02/2013. After allotment of a residential apartment bearing No.B-1101 having super area of 1825 sq.ft. to the Complainant the parties executed an Apartment Buyers agreement (ABA) on 06/03/2013, incorporating their res
Right to claim refund - the complainant in the present circumstances have a legitimate right to claim refund alongwith fair delay compensation/interest from the OP.
Delay in delivery of possession constitutes unfair trade practice under the Consumer Protection Act.
(1) Contract - A term of a contract, will not be final and binding if it is shown that the consent to the said term was not really voluntary, if the person giving consent had no other choice. (2) Nom....
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....
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....
Failure to deliver property as promised in agreement constitutes grounds for claiming refund and compensation under consumer protection laws.
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