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SATISH A. MUNDE, V. C. PREMCHANDANI
Johnson Lobo – Appellant
Versus
Marathon Developers & Eskay Paper Products (I) Pvt. Ltd. – Respondent
JUDGMENT
Vijay C. Premchandani, Member—The Complainant is filed the Complaint under Section 17(1)(a)(i) of the Consumer Protection Act, 1986.
Facts of Complaint
2. The Complainant booked the office unit No.406, in the opponents project named as “Marathon Max Phase-II” situated at the junction of Mulund-Goregoan Link Road & L.B.S. Marg. Mulund (West) Mumbai- 400080 (hereinafter referred to as the said office Unit), admeasuring an area of 551 sq.ft built up area (394 sq. ft carpet area) for the consideration amount of Rs.15.01,475/- along with a parking space. Against the same the Complainant paid the Rs.450442.50 i.e. 30% of the total agreed consideration amount. The complainant received letter dated 21/03/2005 from Opponents stating that “due to unavoidable circumstance we are unable to continue the construction of Marathon Max Phase II” and had also sent a pay order amounting to sum of Rs.1,68,309.50/-. The complainant submitted that Opposite Parties act of termination of the booking of the office unit done by the Opposite parties without the complainant’s informed consent amounts to Unonscionable Action by the Opposite Parties in the eyes of law. The Complainant returned to the o
(1) Allegation – Mere allegation, that the purchase of the property is for commercial purpose, cannot be the ground to reject the present consumer complaint.(2) Allotee – Allottee cannot terminate co....
Earnest money – As the allotment letter was not signed/accepted by the Complainants, the Opposite Party does not have any right to deduct the earnest money and cannot use or sit over the Complainants....
(1) Third party – The opposite party has contested the complaint on the grounds of maintainability alleging that the complainant was not a ‘consumer’ within the ambit of section 2(1)(d) of the Act as....
A partnership firm qualifies as a consumer under the Consumer Protection Act, 1986, establishing rights to seek redress for deficiency in service.
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