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AVM J. RAJENDRA
Canon Properties Pvt. Ltd. – Appellant
Versus
Dum Dum Club Town Residents Association – Respondent
ORDER
The present First Appeal has been filed under Section 19 of the Consumer Protection Act, 1986 (“the Act”) against the Order dated 05.09.2018 passed by the learned West Bengal State Consumer Disputes Redressal Commission, Kolkata (“the State Commission”), in Consumer Complaint No.398 of 2015 wherein the State Commission partly allowed the complaint.
2. For convenience, the parties will be referred to as per their position in the original complaint before the State Commission. Dum Dum Club Town Residents Associates Club Town Estates will be denoted as the “Complainant’s Association” (“Respondent”), and Cannon Properties Pvt. Ltd., the Promotor Developer of Dum Dum Club Town Estates, will be referred to as the “Opposite Party (OP)” or “Developer” (“Appellant”).
3. Brief facts, as per the Complainant’s Association, are that during the development and sale of the property, the Opposite Party (OP) executed agreements for sale with the flat owners, stipulating that buyers must deposit a sinking fund towards the management, maintenance, repairs, and upkeep of the residential building and other necessary contingencies related to the housing complex, Dum Dum Club Town Estates. This sin
The Consumer Protection Act applies to real estate transactions protecting consumers from deficiencies in service, affirming the State Commission's jurisdiction.
Commercial Purpose – Mere allegation, that the purchase of the property is for commercial purpose, cannot be the ground to reject the present consumer complaint.
The court established that failure to provide promised amenities and delays in possession constitute unfair trade practices, entitling homebuyers to compensation and punitive interests under consumer....
Consumers are entitled to compensation for failure to deliver purchased flats, establishing cause of action despite multiple properties booked.
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