Back
RAM SURAT RAM MAURYA, BHARATKUMAR PANDYA
Ruchira Residency Apartment Owners Association – Appellant
Versus
West Bengal Housing Board – Respondent
ORDER
Bharatkumar Pandya, Member.—Introductory Information: The Complainant Ruchira Residency Apartment Owners’ Association (RRAOA) is an association of flat-buyers registered under West Bengal Apartment Ownership Act, 1972 on 06.10.2010 so formed by the owners of 576 flats in the Project “Ruchira Residency,” developed and constructed by the OP Board at Premises No. 369, Purbachal Kalitala Road, E.M. Bypass, Kolkata-700078. The complainant association took over the assets, rights, liabilities, management and maintenance of common areas and amenities of the project after its own registration, from a society “Ruchira Residency Residents’ Welfare Association (RRRWA), a body registered under West Bengal Registration of Society Act, 1961 on 12.02.2007, who had earlier taken over such possession and management of common areas from OP Board on 16.04.2007. The original complaint in 2009 was filed by RRRWA, which was continued till the amended complaint by RRAOA was filed and admitted u/s 12(1)(b) by the Commission vide order dated 30.03.2022. The complaint involves allegation of misrepresentation in brochure, advertisements and communications and deficient provisioning of amenities and fac
Housing Board – Personalised, subjective, biased, one-sided & uncorroborated opinion about facilities cannot be relied upon in absence of substantive evidence.
(1) Brochure Promises are Binding – Representations made in a brochure are “foundational enticements” for buyers. The Builder cannot subsequently negate these promises by relying on the Allotment Let....
(1) Arbitration Clause – Arbitration Clause in the Agreement does not bar the jurisdiction of the Consumer Fora to entertain the Complaint.(2) Additional Amount – Developer is entitled to charge the ....
The court ruled that a consumer society cannot claim compensation for deficiency without clear evidence of service shortfalls and emphasizes obligations under the Consumer Protection Act and MOFA.
Possession of residential units can only be offered after obtaining necessary occupancy certifications and ensuring completion of promised amenities.
Additional Payment – the demand of the Opposite Party for additional payment on account of the alleged increase in Super Area of the Flat was unjustified.
Failure to obtain an occupancy certificate bars the enforcement of possession and justifies a refund to flat buyers.
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
