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MUKESH V. SHARMA, SATISH A. MUNDE
Sunita Maruti Karkhile – Appellant
Versus
Dev Enterprises A Partnership Firm and Its Partners – Respondent
JUDGMENT
Dr. Satish A. Munde, Hon’ble Member—The Complainants has filed this Consumer Complaint u/s 12 of the Consumer Protection Act, 1986 (we think this is a typographical mistake and we treat it u/s 17 of the Consumer Protection Act, 1986.
2. The brief facts of the Consumer Complaint is as under:—
That the Opponent No. 1 is a Partnership Firm incorporated under the Indian Partnership Act, 1932 of which Opponent Nos. 2 to 6 are the Partners of the said Partnership Firm. The Complainants has booked flat bearing number 1903, admeasuring built up/ carpet area 1352 sq.ft, on the 19th floor of the proposed project known as ‘Dev Saphire’ admeasuring 2000 sq.mtrs, situated at Plot No.80, Sector 45, Kharghar, Navi Mumbai for agreed consideration of Rs.72,50,000/- including development charges, floor rise and parking. The Complainants entered into agreement in the form of letter of allotment dated 20th June, 2014 for purchasing the said residential flat. That out of the total consideration amount the Complainants has paid sum of Rs.15,00,000/- against the said flat. The Opponents failed to hand over vacant, legal and peaceful possession to the Complainants till date inspite of repeated req
Flat Buyers have right to receive fair delay compensation when developers unduly and unreasonably delayed possession as per Agreement.
Consumer complaints regarding property booking must adhere to statutory obligations, including executing agreements upon receipt of payments.
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.
Onus of Proof – onus of establishing that the Complainant was dealing in real estate i.e. in the purchase and sale of Flat in his normal course of business to earn profits, shifts to the Opposite Par....
Transaction of sale in question not covered under consumer protection laws; complainant entitled to refund of payment made.
(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....
Right to claim refund - the complainant in the present circumstances have a legitimate right to claim refund alongwith fair delay compensation/interest from the OP.
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