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RAVISHANKAR, SUNITA CHANNABASAPPA BAGEWADI
Pramitha Marina Menezes – Appellant
Versus
T3 Urban Developer Ltd. – Respondent
ORDER
Ravishankar, Judicial Member—The complainant filed this complaint against the Opposite Parties alleging deficiency in service in not given possession of the flat by registering the sale deed, inspite of payment of the entire consideration amount. Hence, prays for refund of the entire amount with the interest at the rate of 18% and also compensation of Rs.15,00,000/- for deficiency of service and Rs.25,000/- towards litigation expenses.
2. The brief facts of the complaint are as under:—
The Opposite Party Nos.1 to 9 have started giving advertisement for construction for “T3 Green City – Rose” at Vamadapadav, Mangalore and agreed to complete the construction within 2015. The complainant attracted by the advertisement given by them and paid an amount of Rs.11,01,000/- as a consideration value of the flat. In this regard, the Opposite Parties had issued a receipt and undertaken to complete the work within 2015. There afterwards, the Opposite Parties have keep on issuing the letter on different dates disclosing the status of the building. The complainant noticed that inspite of issuance of a different notices and letter correspondence the Opposite Parties have not completed the con
Failure of Developer to comply with contractual obligation to provide flat to a flat purchaser within a contractually stipulated period amounts to a deficiency.
Deficiency in services occurs when contractual obligations regarding timely delivery are not met, allowing for consumer redress.
“Non-delivery of subject flat within stipulated time and not giving the complainant till date any assurance with respect to exact date of delivery of possession amount to deficiency in service.”
Delayed possession of the apartment constitutes deficiency of service under the Consumer Protection Act, entitling the complainant to compensation.
False assurance of time delivery of possession – Opposite Parties are deficient in providing its services to the Complainants as the Opposite Parties had given false assurance to the Complainants wit....
(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....
Compensation - The complainants cannot be compelled to wait any more for the builder to deliver and they are entitled to seek refund of the money paid by them along with appropriate compensation.
(1) Housing Construction - The expression ‘service’ in Section 2(1) (o) means a service of any description which is made available to potential users including the provision of facilities in connecti....
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