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AJEYA MATILAL, NITYASUNDAR TRIVEDI
Sarjit Singh – Appellant
Versus
Pinnacle Realtors – Respondent
JUDGMENT
Ajeya Matilal, Presiding Member.—Ld. Counsel appearing for the Complainant is present. Today is fixed for ex parte hearing of the complaint case. Complainant has already filed BNA.
2. This is a case under Section 17 of the Consumer Protection Act, 1986 valued at Rs.53,80,556/-.
3. The fact of the case is in short like that one Complainant/Mr. Sarjit Singh being one of the Land Owners entered into an agreement for development of the scheduled property mentioned therein on 27.04.2015 by a registered agreement for development of the schedule property.
4. The development agreement is in annexure-A. The Complainant acquired undivided 1/3rd share of the total land. The complainant became absolute owner of the schedule property by a deed of gift and he claimed that he is in possession of the scheduled property.
5. It appears from the page No. 7 of the Development Agreement that the project is required to be completed within 36 months from the date of sanction plan of the building. It is submitted by the Ld. Counsel that the OP did not make any endeavour to get the sanctioned plan. There was also a stipulation in the said agreement if the Developer could not complete the project w
:(1) Deficiency in Service – A developer’s failure to complete a project within the stipulated timeframe (30 months) and their default on agreed financial obligations – such as bounced advance cheque....
Deficiency in service – The facts and circumstances and the materials on record, more particularly, relying on the evidence of the complainant it is palpably clear that the opposite parties could not....
(1) Final and Binding terms of a Contract – A terms of a contract will not be final and binding if it is shown that the flat purchasers had no option but to sign on the dotted line, on a contract fra....
Flat Buyers Agreement – Complainants cannot be expected to wait for possession of apartment/flat for indefinite period of time.
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