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DEEPA SHARMA, SUBHASH CHANDRA
Samir Jain – Appellant
Versus
Anand Divin Developers Pvt. Ltd. – Respondent
ORDER
Subhash Chandra, Member—This complaint has been filed under section 21 of the Consumer Protection Act, 1986 (in short, ‘the Act’) alleging deficiency in service and unfair trade practice by M/s Anand Divine Developers Pvt., Ltd., New Delhi, the opposite party, in respect of a residential apartment booked by the complainants in the project “Triumph” in Sector 104, Gurgaon, Haryana, promoted and developed by the opposite party.
2. In brief, the facts of the case are that the complainants had booked a flat in the above project in June 2012 and on 15.09.2012 were allotted residential apartment no. 3221, 22nd Floor, Tower/ Building no. 3, ad-measuring 2290 Sq ft (super area approximately) along with two car parking for a sale consideration of Rs.1,34,66,750/-. A Buyer’s Agreement (in short, ‘the Agreement’) was executed between the parties on 18.12.2012. As per clause 18 of the Agreement, the opposite party assured to hand over the possession within a period of 36 months from the date of start of the construction with an additional grace period of six months. It is contended by the complainants that according to this clause the date of handing over the possession was 18.06.2016. T
(1) Delay - the construction of a residential apartment constitutes a ‘service’ and that the delay in not adhering to the indicated time schedule constitutes deficiency in service.(2) Refund – the de....
Right to Compensation - The right of the consumer to be compensated for inordinate delay in the offer of possession of a residential apartment booked by them due to inordinate delays by builders when....
(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....
The court held that the delay in possession does not constitute a deficiency in service, provided the developer adheres to the agreed timeline including permissible grace periods.
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....
Valid Possession – Mere completion of structure cannot be said that the Apartment is ready for valid possession.
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....
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