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SUBHASH CHANDRA, SADHNA SHANKER
J S Yadav – Appellant
Versus
Trehan Home Developers Pvt. Ltd. – Respondent
ORDER
Dr. Sadhna Shanker, Member.—The present appeal has been filed under Section 19 of the Consumer Protection Act, 1986 (for short “the Act”) by Major (Retd.) J S Yadav (hereinafter referred to as the “complainant”) assailing the Order dated 26.02.2019 passed by the State Consumer Disputes Redressal Commission, Rajasthan (hereinafter referred to as the “State Commission”) in complaint No.74 of 2017, whereby the complaint was partly allowed.
2. We have heard the learned counsel for the complainant and the learned counsel for the respondents No.1 to No.3 (hereinafter referred to as the ‘builder’) and have perused the record including inter alia the impugned order dated 26.02.2019 and the memorandum of appeal.
3. This Commission, vide its Order dated 14.02.2020, had condoned the delay in filing the appeal.
4. The facts, in brief, are that the complainant, who is senior citizen aged about 81 year, had applied for a 3BHK flat admeasuring 1350 sq. ft. in the upcoming project, namely, “Hill View Garden Housing Complex”, Bhiwadi, launched by the builder, in the joint name of himself and his wife, Smt. Shanti Devi, being the first applicant and paid a sum of Rs.2,50,000/- as booking amoun
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) After taking possession over constructed flats per Supplementary Agreement, Appellants are estopped from challenging its validity.(2) Under Section 24 of Andhra Pradesh Apartments (Promotion of C....
“Excess Area” - The real test for excess area would be that the opposite party should provide a comparison of the areas of the original approved common spaces and the flats with finally approved comm....
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%.
(1) Force Majeure cannot be claimed as defense when builder is at fault (2) Flats should not be allotted unless requisite permits availed from municipal corporation (3) Unjust agreement cannot be uph....
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