SUBHASH CHANDRA, SADHNA SHANKER
Padmavathy Balakrishnan – Appellant
Versus
Land Marvel Homes – Respondent
ORDER
Dr. Sadhna Shanker, Member—These cross appeals have been filed under Section 19 of the Consumer Protection Act, 1986 (hereinafter referred to as “the Act”) against the Order dated 07.06.2012 passed by the State Consumer Disputes Redressal Commission (hereinafter to be referred to as “State Commission) in complaint No. 38 of 2004 whereby the complaint of the complainant was partly allowed.
2. Appeal no. 555 of 2012 has been filed by the appellants (hereinafter referred to as ‘the complainants’) for enhancement of compensation whereas appeal no. 353 of 2013 has been filed by M/s Land Marvel Homes (hereinafter referred to as the ‘builder company’) for setting aside the impugned order dated 07.06.2012 of the State Commission.
3. Heard the learned counsel for the
complainants and the learned counsel for the builder company and perused the record including the State Commission’s impugned Order dated 07.06.2012 and the memoranda of appeals.
4. There is a delay of 02 days in filing
the appeal No. 555 of 2012. Also, there is
delay of 260 days in filing the appeal no. 353 of 2013.
However, in the interest of justice, and considering the reasons mentioned in the application for condonat
Plinth areas – The builder has not brought any calculation based on the maps provided by the local commissioner to show that his calculations of plinth area is incorrect.
(1) After taking possession over constructed flats per Supplementary Agreement, Appellants are estopped from challenging its validity.(2) Under Section 24 of Andhra Pradesh Apartments (Promotion of C....
Multiple compensations – Multiple compensations for singular deficiency is not justifiable.
Basement – The complainants have miserably failed to establish that basement or the parking area are common areas available to them so as to contravene Clause 15 of the agreement.
Interest – It is well established principle that the interest in the form of interest should be just and equitable and commensurate with the loss and injury.
(1) Multiple compensation for singular deficiency is not justifiable. (2) Forfeiture of amount – Cancellation of allotment – Deduction of more than 10% of deposit as earnest money held invalid.
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