AJEYA MATILAL, NITYASUNDAR TRIVEDI
Saurabh Pal – Appellant
Versus
S. S. Enterprise – Respondent
JUDGMENT
Ajeya Matilal, Presiding Member.—Ld. Counsel for the Complainant is present.
Opposite Parties are found absent on
call.
Today is fixed for final hearing.
2. This is the case U/s.17 of the Consumer Protection Act, 1986 valued at Rs.41,27,900/- (Rupees Forty one Lakh twenty seven thousand & nine hundred) only.
3. The fact of the case is in short like that the Opposite Party No.1 is a Partnership Firm represented by Opposite Party No.2 & 3. This was the instant case of the Complainant. The Opposite Party is carrying on business of construction and development from its office. The Opposite Party Nos.4 to 8 are the land owners who have given consent in favour of the Opposite Party Nos.1 to 3 to erect or construct a multistoried building on the
scheduled flat. The Opposite Party Nos.4 to 8 executed a power of attorney in favour of Opposite Party Nos.2 & 3 for entering into Sale Agreement with prospective purchaser to transfer flat to be constructed on the aforesaid plot of land. It was further agreed therein in the said development Agreement /Joint Venture Agreement dated 04.05.2011 that the Developer may enter into separate Agreement/agreements with the intending Purchaser/purc
Non-delivery of possession within stipulated period, after receipt of consideration of amount, amounts to deficiency in service as well as unfair trade practice.
A delay of two months in delivering possession is not considered inordinate under the Consumer Protection Act.
Transaction of sale in question not covered under consumer protection laws; complainant entitled to refund of payment made.
Consumers are entitled to relief for gross negligence in service delivery as per the Consumer Protection Act.
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