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V. V. SESHUBABU, R. S. RAJESHREE
Neel Kamal Pasi – Appellant
Versus
Aliens Developers (P) Ltd. , Rep. by its Managing Director & Joint Managing Director – Respondent
ORDER
The complaint is filed u/s.17(1)(a)(i) of the Consumer Protection Act, 1986 & 2002 for directions to the opposite party as under:—
(i) To handover the flat bearing no.1220(B), Station – 12(B), on 4th floor of the complex by name Space Station – 1, comprising of super built up area of 1432 sq.ft. with one covered car parking besides undivided share of land of 30.79 sq.yards out of total land of 82976.89 sq.yards in survey nos. 384, 385 and 426/A, situated at Tellapur Village, Ramachandrapuram Mandal, Medak Dist on completion as promised in the agreement of sale and to provide Occupancy Certificate;
(ii) To pay Rs.5 lakhs towards compensation;
(iii) To pay a sum of Rs.20,000/- per month w.e.f. 1.7.2012 till handover of the flat towards fair rent; and
(iv) To pay Rs.50,000/- towards legal charges of the complaint.
2. The brief averments of the complaint are that the opposite party is a private limited company doing business in the construction of flats etc. and it had undertaken a Development Agreement cum GPA with respective land owners for the development of land admeasuring Ac.19.26 guntas to raise residential complexes covered by Survey nos.384, 385 and 426/A at Tella
Failure to deliver possession – The Commission observed that the Developer’s failure to complete construction and obtain the Occupation Certificate (OC) and Building Completion Certificate (BCC), whi....
Failure by a developer to deliver possession of a residential unit within the stipulated contract period constitutes a deficiency of service under the Consumer Protection Act, 2019, entitling the agg....
(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....
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.
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.
(1) Commercial Purpose - Mere allegations that the complainants purchased the flat for commercial purpose cannot be a ground to reject the complaint.(2) Civil Court - Merely because it is mentioned t....
The ruling affirms that delivery of possession must align with statutory obligations, including the provision of necessary occupancy certificates, which are essential for validating consumer rights i....
Documentary Evidence – 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 ....
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