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MUKESH V. SHARMA, SATISH A. MUNDE
Nutan Rajesh Shelat – Appellant
Versus
Shah Group Builders Ltd. – Respondent
JUDGMENT
Dr. Satish A. Munde, Member—The Complainants have filed this Complaint u/s 34 (1) (We think this is typographical mistake. We don’t have jurisdiction u/s 34 (1). Hence, we treat it u/s 47 (1)) of the Consumer Protection Act, 2019 (hereinafter referred to as ‘said Act’) claiming themselves as Consumers u/s 2(7)(ii) of the Consumer Protection Act, 2019. Opposite Party No.1 is a Private Limited Company of which Opposite Parties Nos.2 to 4 are the Directors. The Complainants have alleged non-compliance of contractual and statutory obligations by the Opposite Parties and thereby committing deficiency in service and unfair trade practice within the meaning of Section 2(11) and 2(47) of the said Act.
2. The brief facts of the Consumer Complaint are as under—
The Complainants had booked Flat No. D/807, 8th Floor, D Wing, in the project known as ‘Shah Kingdom’ situated at Plot Nos.23, 24, 25, and 26 in Sector 20, Kharghar, Navi Mumbai by making advance payment of Rs.10 lakhs vide cheque dated 20/07/2016 drawn on HDFC Bank out of total consideration of Rs.1,51,00,000/- (Rupees One Crore Fifty-One Lakhs Only) vide receipt dated 20/07/2016 issued by the Opposite Parties. After booki
Commercial Purpose - Mere allegation, that the purchase of the said flat is for commercial purpose, cannot be the ground to reject the present consumer complaint.
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.
Absence of prayer “ Even in absence of specific prayer, this commission can grant a relief which is justified and warranted in the facts and circumstances of the case.
(1) Housing Construction or business activity – Housing construction or building activity carried on by a private or statutory body constitutes ‘service’ within the ambit of Section 2(1)(o) of the Ac....
(1) Plot Buyers Agreement—It is for Opposite Party to prove that Plot was purchased for commercial purpose, by way of some documentary proof.(2) Complainants cannot be expected to wait for indefinite....
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