Back
RAM SURAT RAM MAURYA
Gunakara Giri – Appellant
Versus
Samiah International Builders Pvt. Ltd. – Respondent
ORDER
Ram Surat Ram Maurya, Presiding Member.—Heard Gunakara Giri, the appellant/complainant, in person and Mr. Nasir Husain, Advocate, Proxy Counsel, for the respondent.
2. Aforementioned appeals have been filed from the order of State Consumer Disputes Redressal Commission, Uttar Pradesh at Lucknow dated 13.01.2015, passed in Consumer Complaint No.87 of 2013, whereby the complaint was allowed with cost of Rs.5000/- and Samiah International Builders Private Ltd. (the opposite party) was directed to issue the letter of possession of Flat No.405, as per original agreement to Gunakara Giri (the complainant), who was directed to ensure payment of last instalment and take possession.
3. Gunakara Giri (the appellant) filed CC/87/2013, for directing Samiah International Builders Private Ltd. (the respondent) (the builder) (i) to handover the possession of Flat No.405, a 3BHK flat in “Melrose Avenue”, Vrindavan Yojna, Raebareli Road, Lucknow, (ii) to award compensation of Rs.20/- lacs, for the financial loss suffered by him (iii) to award compensation of Rs.10/- lacs, for mental agony and harassment, (iv) to award cost of litigation and (v) any other relief which is deemed fit and proper
(1) Time not the essence of Contract - Thus in a contract involving construction, time is not the essence of contract unless specified.(2) Breach of Contract - in the matter breach of contract, there....
Multiple compensations – Multiple compensations for singular deficiency is not justifiable.
(1) Flat buyers should not be made to wait for eternity to get possession (2) Onus is on builder to abide by flat buyers’ agreement.(3) If construction is not completed as promised, flat buyer has th....
“Allottees of Flats cannot be made to wait indefinitely for possession of their flats.”
(1) Construction had to be completed within 36 months with grace period of 6 months from the date of commencement of construction, i.e., up to June 2016, while possession notice was given on 28.04.20....
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
