R. K. AGRAWAL, S. M. KANTIKAR
Sukhbir Singh – Appellant
Versus
BPTP Limited – Respondent
ORDER
The present Consumer Complaint has been filed under Section 21 of the Consumer Protection Act, 1986 (for short “the Act”) against Opposite Party M/s. BPTP Limited (hereinafter referred to as Opposite Party Builder), by Dr. Sukhbir Singh and his wife Mrs. Sunita Singh, Complainants/Allottees of Residential Flat in a Group Housing Project, namely, “Park Prime Mansions” (for short “the Project”), to be developed and constructed by the Opposite Party Builder in Sector 66, Gurgaon, Haryana, seeking possession of the Unit alongwith compensation for the losses suffered by them on account of Unfair and Restrictive Trade Practices adopted and the deficient services rendered by the Opposite Party Builder in not handing over the possession of the allotted Apartment/Unit within the stipulated time.
2. According to the Complainants, facts of the case are that allured by the advertisements and the various lucrative representations made by the Officials and Brokers of the Opposite Party Builder that the Flats in the Project will be delivered within a period of 36 months, the Complainants jointly booked a Flat, i.e., Unit No. MA-3-404, admeasuring 2764 sq. ft. on 05.05.2010 by paying a sum o
(1) Earing profits - The onus of establishing that the Complainant was dealing in real estate i.e. in the purchase and sale of plots/ flats in his normal course of business to earn profits, shifts to....
(1) Negligence on Part of Builder – If the builder, whose services are engaged by a buyer for construction of a residential house for him fails to complete the construction and deliver its possession....
“Since the possession of subject flats were not delivered within the stipulated time, allottee held entitled for refund of amount deposited with interest.”
Allottees held entitled for compensation for delay in delivery of possession of flat in question.
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....
(1) Unreasonable and unfair - The Complainant cannot be made bound to the terms of the Agreement, which are unreasonable and unfair.(2) Dotted lines - A terms of a contract will not be final and bind....
(1) Final and Binding terms of a Contract – A terms of a contract will not be final and binding if it is shown that the flat purchasers had no option but to sign on the dotted line, on a contract fra....
Consumer agreements with one-sided clauses are unenforceable; delayed possession incurs compensation at 8% interest.
(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....
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