SUBHASH CHANDRA, J. RAJENDRA
Abhay Yadav – Appellant
Versus
Trancon-Sheth Creators Pvt. Ltd. – Respondent
ORDER
AVM J. Rajendra, AVSM VSM (Retd.), Member—The present Consumer Complaint has been filed under Section 21 of the Consumer Protection Act, 1986 (for short “the Act”) against the Opposite Parties seeking to direct the OPs:
A. To hold and declare that the Opposite Parties to be guilty of deficiency in service and unfair trade practice as per the provisions of the Consumer Protection Act, 1986;
B. To direct the Opposite Parties to execute and register the Agreement for Sale in respect of the Flat No. 3005 on the 30 floor admeasuring carpet area 1304 sq. ft. and/or 2085 sq. ft. built-up area in “Tower-1”, alongwith two car parking in the Project “AURIS SERENITY” on plot of land situated at Guriya Pada, Link Road, Malad (West), Mumbai-400064, Mumbai Suburban District, for total consideration of Rs.3,60,11,000/- (Rupees Three Crores Sixty Lakhs and Eleven Thousand Only) inclusive of taxes and to hand over the physical, peaceful and legal possession of the said Flat No. 3005 within the time period of two years alongwith Occupation Certificate and/or Building Completion Certificate of Flat No. 3005.
Or in Alternative
To direct the Opposite Parties to refund the sum of Rs.18,76,17
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Consumer definition under the Consumer Protection Act clarified; purchasing flats for family does not constitute commercial purpose.
(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....
Consumers are entitled to refunds as per contract when builders fail to meet obligations, irrespective of claims of investment for profit.
Consumer rights include timely possession and refund in cases of inordinate delays by builders, ensuring protections under consumer law are maintained.
(1) Civil court - the case of the complainants is falling under ‘housing category’ and does not involves any complication question of facts, which can easily be decided by this commission and the mat....
Committed date - the committed date has to be reckoned from the date of the sanction of building plans which includes the date of approval of the fire safety scheme.
Housewife - Complainant is a housewife and there is nothing on record to show that she is engaged in any visible commercial activity.
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