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MUKESH V. SHARMA, SATISH A. MUNDE
Sunil Kumar Jain – Appellant
Versus
Supreme Construction and Developers Pvt. Ltd. – Respondent
JUDGMENT
Dr. Satish A. Munde, Member.—
This is one of the group matter:
The Complainant has filed this complaint under section 17 of the Consumer Protection Act, 1986. The gist of the complaint is as under:-
2. The Opposite Party is a Private Limited Company registered under the provisions of the Companies Act, 1956. The Opposite Party in the year 2010 had started to advertise their project ‘Hex City’ situated at Survey Number 55/5(A)1, 55/5(A)2, 55+56(2)(2), 56+57(3), 61/3A, 61/3B, 65/1(2), 65/1(3), 66/3 situated at village Rohinjan, Taluka Panvel, District Raigad. The complainant was looking for residential apartment for his own use in the year 2012. At that time, he came to across advertisement given by the Opposite Party. Thereafter, the complainant visited to the office of the Opposite Party. At that time, the Opposite Party represented that the Opposite Party is owner of the land bearing survey number 55/5(A)1, 55/5(A)2, 55+56(2)(2), 56+57(3), 61/3A, 61/3B, 65/1(2), 65/1(3), 66/3, situated at village Rohinjan, Taluka Panvel, District Raigad. It was also represented that the Opposite Party has all rights, title, interest to develop the land and to construct the flat as per the
(1) Bald assertion – In the absence of any evidence being brought on record, merely a bald assertion that the project was delayed due to in action by the Government or its statutory organisations and....
Consumers are entitled to refunds with interest when developers fail to deliver property due to one-sided contract terms viewed as unfair trade practices.
Committed date - the committed date has to be reckoned from the date of the sanction of building plans which includes the date of approval of the fire safety scheme.
Valid Possession – Mere completion of structure cannot be said that the Apartment is ready for valid possession.
Commercial Purpose - Mere allegation, that the purchase of the said flat is for commercial purpose, cannot be the ground to reject the present consumer complaint.
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