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SHANTANU S. KEMKAR, SRIKANT PANDEY, MONIKA MALIK
Mahanand Tiwari – Appellant
Versus
Harshwardhan Jain – Respondent
ORDER
Dr. Monika Malik, Member—This complaint under Section 17(1)(a) of the Consumer Protection Act, 1986 (for short ‘Act’) is filed by the complainant alleging deficiency in service against the opposite parties. As per the complainant, the opposite party no.1 (hereinafter referred to as OP no.1) is the land owner, who sells plots, the opposite party no.2 (hereinafter referred to as OP no.2) is the land developer, the opposite party no.3 (hereinafter referred to as OP no.3) is the builder and the opposite party no.4 & 5 (hereinafter referred to as OP no.4&5) are the financers. The complainant has therefore filed the present complaint, for not receiving the constructed house within time as agreed, seeking relief against the OP no.1-3 for alleged deficiency in service/unfair trade practice as also against the OP no. 4 & 5.
2. Brief facts of the case are that the complainant booked a house in the housing scheme floated by the OP no.1 to 3 under the name of ‘Hills & Valley Colony’ situated at Village-Keerat Nagar, Bhojpur Road, Tehsil-Goharganj, District-Raisen (MP). Plot no.160 admeasuring 20x50=1000 sq.ft was allotted to the complainant. The total sale consideration including sale-de
Possession of the house - A buyer/complainant cannot be made to wait indefinitely for the possession of the house.
Failure to deliver possession constitutes deficiency in service, validating consumer refunds with interest.
(1) Delayed Construction - There was no evidence of any lock-out or strike by the labour at the site of the project. There was no civil commotion, war, enemy action, terrorist action, earthquake or a....
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....
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