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SUDIP AHLUWALIA
Reatox Builders & Developers Pvt. Ltd. – Appellant
Versus
Deepali Manekar – Respondent
ORDER
These Appeals have been filed against the impugned Order dated 30.10.2018 passed by the Ld. State Consumer Disputes Redressal Commission, Maharashtra, Circuit Bench at Nagpur in CC/14/31-35 and CC/14/45, which was dismissed.
2. The facts and question of law involved in these Appeals are similar in all cases except for minor variations in the dates, consideration amounts, and Flat numbers. Therefore these Appeals are being disposed off by this common Order. However, for the sake of convenience, FA/53/2019 is treated as the lead case, and the facts enumerated hereinafter are extracted from this Complaint.
3. The factual background, in brief, is that the original Opposite Party No. 2 assigned and transferred all its rights to design, finance, and develop a Township Project to the Opposite Party No. 1/Appellant. This project encompassed residential Apartments, commercial space, and other utilities on the specified land, and was supported by a Power of Attorney issued in favor of the Opposite Party No. 1 for development of the Project. The Opposite Party No. 1 subsequently launched a Mega Township Project named “First City” and promoted it extensively through various advertisement
(1) Justified Withholding of Payments – An allottee is not necessarily “at fault” for stopping installments if it is evident that the builder is nowhere near completing the project by the committed d....
Flat Buyer’s Agreement – Denial of timely possession despite substantial payment – Payment of interest on refund of principal amount is necessary.
(1) Possession - If the developer fails to deliver possession of the allotted plot/flat within the stipulated time, the allottee is under no obligation to accept an alternate plot.(2) Interest - When....
Allotment of flat – Delay – Compensation cannot be granted in multiple heads.
Refund rights of consumers upheld despite payment issues, highlighting supplier's persistent obligation to deliver services as contracted under consumer protection principles.
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