Back
SUDIP AHLUWALIA
Adyaraj S. – Appellant
Versus
Patel Engineering Limited – Respondent
ORDER
These Consumer Complaints have been filed alleging deficiency in service and unfair trade practice on the part of the Opposite Parties, and seeking refund with ancillary reliefs.
2. The facts and question of law involved in these Complaints are similar in all material particulars except for minor variations in the dates, consideration amount and Flat numbers, therefore these Complaints are being disposed of by this common Order. However, for the sake of convenience, CC/1938/2019 is treated as the lead case and the facts enumerated hereinafter are extracted from this Complaint.
3. The factual background, in brief, is that in the year 2011, the Opposite Party No. 1 represented to the Complainants that they were developing a project named “Townsville” on land located at Sy No. 352, Hulimangala Village, Jigani Hobli, Anekal Taluk, Bengaluru, Karnataka, and claimed to be the exclusive owners of this land. The Complainants submitted an application for the allotment of a residential apartment on 15.03.2012 and was subsequently allotted Unit No. 31A in Block No. 16, with a total area of 3,477 Sq. Ft. and two parking spaces, as per the Allotment Letter dated 24.03.2012. Following the
(1) Possession – Directing possession of the apartment without the requisite certificates would be inappropriate and not in the interest of justice.(2) National Commission – National Commission deter....
For failure of delivery of possession of flats within the stipulated, refund of amount directed.
Specified time - Therefore when possession of the allotted plot/flat/house is not delivered within the specified time, the allottee is entitled to a refund of the amount paid, with reasonable Interes....
(1) Remedies - The remedies under the Consumer Protection Act, 1986 are in addition to the remedies available under special statutes.(2) Refund of Money - Buyer cannot be made to wait indefinitely fo....
Installment – Once the instalments were collected, the buyers are sought to be non-suited on a multitude of grounds, primarily the liability of the Government in not providing infrastructure and to c....
Valid Possession – Mere completion of structure cannot be said that the Apartment is ready for valid possession.
Earnest Money Clause – Earnest Money Clause in the Agreement being wholly one-sided and unjustified constitutes an unfair trade practice and therefore, is not binding upon the Complainant.
(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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
