Back
SUBHASH CHANDRA, AVM J. RAJENDRA
Brajesh Shrivastava – Appellant
Versus
Vatika Limited – Respondent
ORDER
Subhash Chandra, Presiding Member—This complaint filed under Section 21(a) (i) of the Consumer Protection Act, 1986 (in short, the “Act”) alleges deficiency in service by the Opposite Party in delay in handing over possession of the villa booked by the Complainants in a project promoted and executed by the Opposite Party and prays for the delivery of possession of the villa booked along with compensation for the delay.
2. This common order will dispose of Consumer Complaint Nos. 3408 of 2017 and 3409 of 2017 as the facts and grievances in both complaints are similar and relate to the same Complainants and the same project of the Opposite Party. For reasons of convenience, Consumer Complaint No. 3409 of 2017 is taken as the lead case.
3. Upon notice, Opposite Party contested the complaint by way of written statement. Complainants thereafter filed their rejoinder. Parties filed their evidence by way of affidavit. Short synopsis of arguments was also filed by both the parties.
4. We have heard the learned Counsel for the parties and perused the records carefully.
5. The relevant facts of the case, in brief, are that the Complainants, who are husband and wife, had stepped into the sho
Delayed Payment – Opposite Party shall not charge any interest for delayed payment or holding charges in view of the admitted delay on its part.
Super Built-up area – The alteration in super built up area in large projects including common areas is a common feature and is acceptable if is within a reasonable variable of 5 to 10%.
(1) Unreasonable delay – in a case of an unreasonable delay in offering possession of the allotted flat, the consumer cannot be compelled to accept possession at a belated stage and is entitled to se....
Writ at large - Deficiency in service in delay in delivery of the flats booked by complainants against consideration is thus writ large.
Flat Buyers have right to receive fair delay compensation when developers unduly and unreasonably delayed possession as per Agreement.
Court held that one-sided contractual terms favoring builders amount to unfair trade practices under consumer laws, entitling buyers to refunds and compensation for delays.
Fair and Delay Compensation - Opposite Party has not given any timeline when it will give possession of the Unit to the Complainants. Therefore, the Complainants are entitled for fair and delay compe....
(1) Earing profits - The onus of establishing that the Complainant was dealing in real estate i.e. in the purchase and sale of plots/ flats in his normal course of business to earn profits, shifts to....
Consumers have the right to timely possession and compensation for undue delays as established by precedents under the Consumer Protection Act.
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
