Back
A. P. SAHI, INDER JIT SINGH
Lt. Col (Retd) Rakesh Bansal – Appellant
Versus
Chairman Management Committee, AWHO – Respondent
ORDER
Dr. Inder Jit Singh, Member—The present Consumer Complaint (CC) has been filed by the Complainant against Opposite Parties (OPs) as detailed above, inter alia praying for directions to the OP(s):-
a. to pay a sum of Rs.1,74,74,910/- towards cost of similar dwelling unit in Bangalore (North) since dwelling unit of complainant is located in Bangalore (North).
b. to pay a sum of Rs.12,36,000/- for lost returns / rent w.e.f. 01.01.2008 to 01.04.2016 (100 months)@ Rs.8/- per sq. ft - 8 x 1545 x 100
c. to pay Rs.60,000/- incurred by the complainant for the visits from Dehradun to Bangalore
d. to pay the complainant Rs.12 lacs (Rs.6.00 lacs each) towards compensation / damages for mental agony and harassment and also 18% interest on the amounts till payment.
2. Notice was issued to the OP(s). Both the OPs are same organization, i.e. Army Welfare Housing Organisation (AWHO), represented by two authorities / officers, hence they will also be referred to as OP / AWHO hereinafter. The main booking / allotment was in the name of Complainant no.1, with Complainant No.2 as the nominee. Hence, any reference to Complainant hereinafter would be reference to complainant no.1, who was the all
Valid Possession – Giving possession / offering possession to the allottees without obtaining requisite completion certificate / occupation certificate is not a valid possession / offer of possession....
Indefinitely - The complainants cannot be made to wait for an indefinite time and suffer financially.
Consumer complaints against builders for delays in possession must be resolved by allowing refunds without penalty or interest when construction is not completed as per agreement.
Delayed Compensation - None of the complainants have raised any objection relating to delayed compensation at the time of taking possession, therefore, they cannot be allowed to raise objection in th....
(1) Contract - A term of a contract, will not be final and binding if it is shown that the consent to the said term was not really voluntary, if the person giving consent had no other choice. (2) Nom....
Deficiency in service occurs when a builder fails to deliver possession of property within the stipulated time, violating consumer rights.
Failure to deliver apartment possession despite payments and invalid completion certificate constitutes service deficiency, entitling refund with interest and reduced compensation.
Delay in handing over possession of residential flats attracts compensatory interest as per the agreement terms.
Failure by the Opposite Party to deliver possession within the stipulated time constituted a deficiency in service, entitling the Complainants to a refund with interest.
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
