T. P. S. MANN
JOP International Ltd. – Appellant
Versus
Monika – Respondent
ORDER
Delay in filing of the appeal as mentioned in the miscellaneous application is condoned.
2. M/s JOP International Limited through its Chairman-opposite party No.1 has filed the present appeal under Section 15 of the Consumer Protection Act, 1986 for challenging the order dated 13.12.2017 passed by the District Consumer Disputes Redressal Forum, Rohtak, whereby the complaint under Section 12 of the Act preferred by complainant Monika was allowed and the opposite parties directed to refund the amount of Rs.7,90,000/- along with interest @ 9% per annum to the complainant from the date of deposits till its actual realization and also to pay a sum of Rs.5,000/- as litigation expenses to the complainant.
3. While filing the complaint, the complainant had averred that she had booked a 2BHK flat having an area of 1000 square feet with the opposite parties in their project at JOP PALMS, Sector 28, Rohtak and deposited an amount of Rs.3,00,000/- with the opposite parties. At the time of booking of the residential flat, the complainant was told that the cost of the flat would be charged @ Rs.1900/- per square feet and 10% discount was also given to the complainant. At the relevant time,
Delays in possession of real estate mandate full refund to consumers under the Consumer Protection Act.
Housewife - Complainant is a housewife and there is nothing on record to show that she is engaged in any visible commercial activity.
One-sided contractual terms - Appellant-Builder cannot seek to bind the Respondent with such one-sided contractual terms.
Flat Buyer’s Agreement – Purchase and sale of goods for resale or for commercial purpose is excluded from purview of definition of “consumer” – Ordinarily “commercial purpose” is understood to includ....
Specified time - Therefore when possession of the allotted plot/flat/house is not delivered within the specified time, the allottee is entitled to a refund of the amount paid, with reasonable Interes....
Flat Buyer’s Agreement – Inordinate delay in possession without adequate justification constitutes significant breach of terms of Contract, manifesting clear negligence and deficiency of service.
(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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