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A. P. SAHI
Devulapalli Venkate Swara Rao S/o. Muralidhar Rao – Appellant
Versus
Pochambavi China Janga Reddy S/o. Pochambavi Yadi Reddy – Respondent
ORDER
IA/3146 & 3148/2024
At the outset, having perused the cause shown for the delay of 32 days in filing of the appeals, the same appears to be sufficient and hence the delay is condoned. The applications are allowed and the appeals shall be treated to be within time.
Appeals
2. The appeals were entertained on 07.03.2024, when the following order was passed:
“These two Appeals have been listed today for admission. However, learned Counsel for the Appellants has sent a letter requesting for an adjournment on account of his personal difficulty.
The Appeals arise out of the Orders passed by the Telangana State Consumer Disputes Redressal Commission whereby the Complaints had been dismissed as not maintainable relying on the judgment of the Apex Court in the case of Estate Officer, Chandigarh Administration and Anr. versus Charanjit Kaur reported in (2022) 13 SCC 475 decided on 07.09.2021. It has been held by the State Commission that the transaction of a sale deed of a plot of land amounts to a negotiation of an immovable property and passing of title, as such it does not fall within the definition of deficiency so as to entertain the Complaint within the ambit of the Consumer Pro
(1) Breach – A beach of conveying a property with a non-existent title occurred in 1984 itself.(2) Delivery of Possession – There was no delivery of possession nor is there anything to indicate that ....
The main legal point established in the judgment is that there cannot be two agreements for sale between the same parties relating to the same property, as per Section 54 of the Transfer of Property ....
Possession – Failure to deliver possession constitutes a recurrent cause of action and that the developer had misled the complainant by collecting funds without holding necessary statutory permission....
Plot Buyers Agreement – Merely labelling brochure as an “investment proposal” or giving buyer option to resell plot does not by itself make the transaction commercial one.
The jurisdictional and compensatory frameworks under the Consumer Protection Act aid consumers in securing redressal for deficiencies in service.
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'.
1. Builder cannot claim lack of due diligence and creation of alternative arrangements to a situation as ‘Force Majeure’ defense.2. The purchase of a plot/apartment is a continuing course of action t....
The court affirmed that a suit for cancellation of documents is barred by limitation if not filed within three years, and the issue of limitation is a matter of jurisdiction.
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