Back
K. B. SANGANNANAVAR, M. DIVYASHREE
Biswajeet Rana – Appellant
Versus
GK Infra Pvt. Ltd. – Respondent
ORDER
K.B. Sangannanavar, Pri. Dist & Session Judge (R) - Judicial Member.—This is a complaint filed by Complainants.1 & 2 against OP to direct to refund the booking amount of Rs.1 lakh along with interest at 24% p.a. from the date of deposit till realisation.
To buy back the plot no.47 sold to the Complainant in order to construct the villa for an amount of Rs.6,60,000/- + registration charges of Rs.60,000/- and refund the said amount along with interest at 24% p.a. from the date of payment till realisation.
To refund the deposited amount of Rs.4 lakhs with interest at 24% p.a. from the date of deposit till realisation. To refund Rs.2,64,666/- (paid as interest to bank) along with future interest till realisation of the deposited amount. To refund Rs.80,000/- (charged as penalty on home loan); to pay Rs.15,750/- p.m. (loss incurred due to payment of rent) from 01.04.2015 till realisation of the deposited amount; to pay Rs.10 lakhs towards harassment, mental agony and hardship. And to pay Rs.1 lakh towards litigation cost.
2. The facts in brief as stated by Complainants.1 & 2 are stated below:
The OP offered to sale luxurious Spanish villas that they were developing as part of th
Failure to deliver possession constitutes deficiency in service, validating consumer refunds with interest.
Allotment of plot – If there is no time limit for performance of particular promise given by one party, it is to be performed within reasonable time.
Remedy – it is for the Complainant’s choice to knock the door of the Consumer forum or RERA to get redress their remedy.
Important Points(1) Cancellation – It is notable that the cancellation was done without even a letter setting out the reasons and/or steps taken by it to suitably rectify the situation.(2) Refund – T....
Liability of Interests - 60 days period expired on 28.02.2018 but full amount of the complainant has not been refunded as such the builder is liable to pay interest @9% per annum from the date of res....
(1) Civil court - the case of the complainants is falling under ‘housing category’ and does not involves any complication question of facts, which can easily be decided by this commission and the mat....
IMPORANT POINT Paper Possession – without obtaining completion certificate, offering possession is not a valid/legal possession and is only a paper-possession.
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
