Back
RAJAN SHARMA, BIMLA KUMARI
Rakesh Khurana – Appellant
Versus
Exact Developers & Promoters Pvt. Ltd. – Respondent
JUDGMENT
Rajan Sharma, Member (Judicial)—Brief facts necessary for the adjudication of the present complaint are that the Opposite Party came with an advertisement of dwelling project “The Ace.” Being lured by the advertisement, the Complainant had made total payment of Rs.18,75,000/- to the Opposite Party between the period February-March 2007, against which the Opposite Party had also issued receipts dated 20.02.2007 & 19.03.2007 to the Complainants. The Opposite Party vide communication dated 09.04.2007 (Annexure-C4) sent a provisional allotment letter of commercial unit no. 308 admeasuring of 1119 sq. ft. in the abovesaid project to the Complainants. However, in the communication dated 09.04.2007, the Opposite Party made it clear to the Complainants that in case the Complainants fail to send signed copy of the allotment letter within 30 days from the date of issuance of this communication, the offer of allotment would be deemed to be cancelled and the money deposited by the Complainants would be refunded by the Opposite Party within a reasonable time and without any interest after deduction of earnest money.
2. It has been stated by the Complainants that they did not sign the a
Earnest money – As the allotment letter was not signed/accepted by the Complainants, the Opposite Party does not have any right to deduct the earnest money and cannot use or sit over the Complainants....
A partnership firm qualifies as a consumer under the Consumer Protection Act, 1986, establishing rights to seek redress for deficiency in service.
(1) Mere allegation that purchase of the property is for commercial purpose cannot be ground to reject the consumer complaint.(2) In the event a person entitled to seek additional special remedy prov....
(1) Jurisdiction - Commission has the jurisdiction to entertain the cases relating to allotment agreement including delay in handing over possession of the said flat, as compensation for delay in han....
Allotment of plot – If there is no time limit for performance of particular promise given by one party, it is to be performed within reasonable time.
(1) Third party – The opposite party has contested the complaint on the grounds of maintainability alleging that the complainant was not a ‘consumer’ within the ambit of section 2(1)(d) of the Act as....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
