Back
SUBHASH CHANDRA
Nanita Chopra – Appellant
Versus
Athena Infrastructure Ltd. – Respondent
ORDER
Subhash Chandra, Member—This complaint has been filed under section 21(a) of the Consumer Protection Act, 1986 (in short, the ‘Act’) alleging deficiency in services and unfair trade practice in respect of the residential apartment booked by the complainants with the opposite party.
2. In brief, the facts of the case are that the complainant had booked a residential flat in the project ‘Indiabulls Enigma’, Sector 110, Gurgaon, Haryana being developed and executed by the opposite party on 02.12.2011 by paying a booking amount of Rs.5,00,000/-. On 15.02.2012 he was provisionally allotted a 4 BHK plus servant quarter unit, number 112, 11th floor in Block B by the opposite party for a sale consideration of Rs.1,89,40,251/- inclusive of all charges. A Flat Buyer’s Agreement (in short, ‘Agreement’) was signed between the complainant and the opposite party on 16.02.2012 and as per the Agreement possession was promised after 3 years with a grace period of 6 months i.e. by 16.08.2015 which the opposite party has failed to do despite payment of Rs.1,79,60,139/- or nearly 95% as on 16.02.2012 by the complainant. The complainant had opted for the construction linked plan which included a
Arbitration Clause - An arbitration clause in the Agreement does not bar the jurisdiction of the consumer fora to entertain the complaint.
(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....
Delays in possession of real estate mandate full refund to consumers under the Consumer Protection Act.
Delay in delivery of possession constitutes unfair trade practice under the Consumer Protection Act.
Committed date - the committed date has to be reckoned from the date of the sanction of building plans which includes the date of approval of the fire safety scheme.
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.
Consumer - 50% payment upfront for a discount - The mere contention that complainants paid 50% payment upfront for a discount itself cannot be a reason to exclude the complainants from the scope of s....
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....
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
