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A. P. SAHI
Usha Anandan – Appellant
Versus
V. J. Vikram – Respondent
ORDER
These are two appeals filed by the owner and the builder/developer as well as the purchaser respectively regarding the premises wherein the flat purchaser/complainants had raised their grievances before the State Commission about certain deficiencies in service and compensation due to the loss suffered by them arising out of the alleged deviations in the construction and also depriving them of their user rights as agreed upon between the parties. The complainants have filed FA No.80/2014 being not satisfied with partial relief granted to them upon accepting the deficiency and have prayed for enhancement.
2. The appeal filed by the complainants raises a grievance that the State Commission, after having found the deficiencies established, erroneously awarded a very small amount of compensation of Rs.75000/- on account of the contraventions alleged together with a cost of Rs.10000/-.
3. FA/319/2014 has been filed by the builder praying for setting aside the entire impugned order passed by the State Commission dated 05.12.2013.
4. The dispute has a long chartered history and therefore, it is necessary to arrange facts in seriatum in order to understand the exact nature of the gri
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.
Contractual obligations under the Consumer Protection Act require service providers to fulfill all promised specifications, and failure to do so constitutes deficiency of service.
(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....
In the event of failure to give possession of flat as agreed, purchaser is entitled to approach Consumer Commission.
In the event of failure to give possession of flat as agreed, purchaser is entitled to approach Consumer Commission.
The court affirmed that housing construction agreements fall under the Consumer Protection Act, establishing that both parties were bound by the definitions of 'consumer' and 'service'.
Subsequent purchasers retain consumer rights under the Consumer Protection Act and can seek remedies for deficiencies in service from property developers.
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