Back
R. K. AGRAWAL, S. M. KANTIKAR
Nikhil Behl – Appellant
Versus
Supertech Limited – Respondent
ORDER
The present Consumer Complaint has been filed under Section 21 read with Section 22 of the Consumer Protection Act, 1986 (for short “the Act”) by the Complainants, Shri Nikhil Behl and his wife, Ms. Malvika, through their Power of Attorney Holder, Mr. Prem Behl against Opposite Party, namely, Supertech Limited (hereinafter referred to as ‘the Developer”) seeking refund of the amount paid by them to the Developer towards purchase of the Flat along with interest and compensation as the Developer has failed to hand over the possession of the allotted Flat in terms of Agreement executed between the parties.
2. The facts as narrated in the Complaint are that the Complainants had booked a Flat in the Residential Complex, known as “Supertech Czar Suites” proposed to be developed by the Opposite Party Developer at Greater Noida, by paying a booking amount of Rs.2 lakh on 10.07.2007. Vide Allotment Letter, dated 17.07.2007, the Complainants were allotted Flat No. Orchid/1304/12th Floor in Supertech Czar Suites, Greater Noida admeasuring approximately 2490 sq. ft for a total Sale Consideration of Rs.74,96,350/- (Rupees Seventy Four Lakh Ninety Six Thousand Three Hundred and Fifty only)
Possession - Complainants cannot be made to wait indefinitely for possession of the Flat as a period of more than 12 years has lapsed from the committed date of delivery.
(1) Jurisdiction of the Consumer Fora under the Consumer Protection Act, 1986, is not barred merely because there is a Clause of Arbitration in the Agreement entered into between the parties.(2) Opp.....
Consumers cannot be compelled to accept possession of property without proper approvals; they are entitled to refund and compensation for delays.
Contractual clauses that impose unfair obligations are unenforceable, and unreasonable delays in property possession warrant compensation.
Consumers are entitled to refunds with interest when developers fail to deliver property due to one-sided contract terms viewed as unfair trade practices.
No Occupancy Certificate – The Occupation Certificate is not available even as on date, which clearly amounts to deficiency of service.
Pecuniary jurisdiction – it is clear that for the purpose of pecuniary jurisdiction, the value of services hired or availed plus compensation shall be the value for the purpose of pecuniary jurisdict....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
