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MUKESH V. SHARMA, SATISH A. MUNDE
Cynthia Lawrence Vaz – Appellant
Versus
T3 Urban Developers Ltd. – Respondent
JUDGMENT
Mukesh V. Sharma, Presiding Member.—This consumer complaint has been filed by Ms. Cynthia Lawrence Vaz, hereinafter referred to as the complainant, against M/s T3 Urban Developers Ltd. and its Chairman & Managing Director, Mr. Valarian Paul Lobo, hereinafter referred to as the opposite parties, under Section 17 of the Consumer Protection Act, 1986, seeking relief for deficiency in service, unfair trade practices, and compensation for mental agony, financial losses, and physical harassment caused due to the opposite parties’ failure to deliver possession of a residential flat as per the agreement.
2. The complainant has stated that she is a professional advocate residing at the aforementioned address. The complainant submitted that she booked Flat No. 104 in the project named ‘T3 Mallige,’ located at B.C. Road, District Mangalore, Karnataka, developed by the opposite parties. The total consideration for the flat was Rs.16,38,153/-. The complainant paid an initial booking amount of Rs.2,00,000/- on 10th September 2010 through cheque and subsequently paid a sum of Rs.11,75,000/- in instalments till March 2011 as per the agreed schedule. The opposite parties issued a booking c
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....
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.
Failure to deliver possession – The Commission observed that the Developer’s failure to complete construction and obtain the Occupation Certificate (OC) and Building Completion Certificate (BCC), whi....
(1) Legitimate expectations are belied when the Opp. Party is guilty of delay of years in the fulfilment of a contractual obligation.(2) No document showing the receipt of the cancellation letter to ....
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.
(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....
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