MEENA RAMANATHAN, V. V. SESHU BABU
G. Ram Babu – Appellant
Versus
Mitra Constructions – Respondent
ORDER
V.V. Seshu Babu, Member – Judicial—This appeal is filed by the complainants U/s 15 of the Consumer Protection Act 1986 aggrieved by the order of dismissal of the complaint without costs, dated 08.07.2019 in CC NO.244/2017 by the DCDRC-I Hyderabad.
2. The brief averments of the complaint are that they have purchased flat No.302 in the third floor of “Sri Sai Ram Nivas” situated at Bakaram Village from the opposite parties under agreement of sale dated 28.05.2015; that the extent of the property is 1024 sft of built up area with undivided share of land of 41.66 sq yards out of 247 sq.yards with one car parking; that the total consideration was fixed at of Rs.36,00,000/- and the complainants have paid Rs.9,00,000/- as advance under different cheques; that they have obtained housing loan from ICICI Bank, which disbursed Rs.20,00,000/- and balance of Rs.2,00,000/- was agreed to be paid, after handing over of completion certificate; that the opposite parties have executed a registered sale deed on 08.07.2015 for a semi-finished flat; that the opposite party No.2 is the managing partner in Opposite Party No.1 firm; that Opposite Party No.3 is the land owner who entered into developme
Water connection – The water received from half inch pipe size, under any stretch of imagination cannot cater the needs of the six apartments.
Valid contract cancellation for buyer payment default; no deficiency in service when builder completes per tripartite agreement.
(1) Jurisdiction of the State Commission – Section 17(1)(a)(i) empowers the State Commission to entertain complaints where the value of the goods or services and compensation, if any, claimed exceeds....
Super Built-up area – The alteration in super built up area in large projects including common areas is a common feature and is acceptable if is within a reasonable variable of 5 to 10%.
Contractual obligations under the Consumer Protection Act require service providers to fulfill all promised specifications, and failure to do so constitutes deficiency of service.
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.
(1) Consumer Protection Act - Complainant has chosen his remedy under the Consumer Protection Act, his complaint before this Commission is perfectly maintainable and there is no embargo in proceeding....
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