A. P. SAHI
Prem Kumar Chaudhary – Appellant
Versus
Bestech India Pvt. Ltd. – Respondent
ORDER
A.P. Sahi, President—The Complainant applied and booked a flat in a project known as ‘Park View Sanskruti’ in Gurugram, Haryana developed by the Opposite Party. The proposed flat measured 1995 sq. ft. for a total sale consideration of Rs.1,35,64,255/-. The Opposite Party also admits having booked the apartment on 10.05.2013 and issued a letter of allotment on the same date. The Apartment Buyer Agreement was executed on 23.09.2013 whereafter the Complainant started making payments in respect of the other installments. The agreement period for handing over possession was 36 months + 6 months of grace period.
2. The Complainant alleges to have paid Rs.48,80,089/- upto 2014. According to the allegations made in the Complaint in Paragraph No.9, payments were received by the Opposite Party, at times even in advance and it is further alleged that in 2014 when the Complainant visited the site he made inquiries at the stage of construction and it is alleged that the project was much behind the schedule of construction. The Complainant alleges that he became suspicious as there was no likelihood of the project being completed, yet the Opposite Party was raising demands and had commenced
Ireo Grace Realtech Private Limited vs. Abhishek Khanna and Ors.
Refund The refund to the Complainant cannot be denied in the manner it has been pleaded by the Opposite Party according to whom the entire amount deposited by the Complainant has been forfeited with ....
Possession timelines must be adhered to per contract and statutory obligations, with reasonable terms for earnest money forfeiture.
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.
For failure of delivery of possession of flats within the stipulated, refund of amount directed.
(1) Possession – Directing possession of the apartment without the requisite certificates would be inappropriate and not in the interest of justice.(2) National Commission – National Commission deter....
Real Estate – SC in cases of delay in offer of possession has ordered refund with 9% S.I. per annum which appears to be reasonable.
(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....
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) Incorporation of one-sided and unreasonable clauses in Apartment Buyer’s Agreement constitutes an unfair trade practice under Section 2(1)(r) of the Consumer Protection Act.2) Developer cannot com....
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