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SUBHASH CHANDRA, J. RAJENDRA
Devanshu Bhatt – Appellant
Versus
Raheja Developers Ltd. – Respondent
ORDER
AVM J. Rajendra, AVSM VSM (Retd.), Member—The present Consumer Complaint has been filed under Section 21(a)(i) of the Consumer Protection Act, 1986 (for short “the Act”) against the Opposite Party seeking to direct the OP:—
(i) Pass an order directing the Opposite Party, its agents, assigns and/or any person purporting to act in its behalf to refund the amount Rs.1,29,64,869/- paid by the Complainant for the Apartment in pursuance of the Agreement to Sale dated 27.12.2012 along with 18% interest from the date of deposit of each installment till the date of realization by the Complainants.
(ii) Pass an interim relief/order directing the Opposite Party, its agents, assigns and/or any person purporting to act in its behalf herein to deposit the amount Rs.1,29,64,859 paid by the Complainant for the Apartment in pursuance of the Agreement to Sale dated 27.12.2012 with the Hon’ble Forum so as to secure the rights of the complainants.
(iii) Pass an order directing the Opposite Party to pay a sum of Rs.10,00,000/- to Complainant towards compensation for ‘unfair trade practices’ and ‘deficiency in service’ done by the Opposite Party which has caused physical and mental torture, a
Valid Possession – Mere completion of structure cannot be said that the Apartment is ready for valid possession.
Consumers are entitled to refunds with interest when developers fail to deliver property due to one-sided contract terms viewed as unfair trade practices.
Installment – Once the instalments were collected, the buyers are sought to be non-suited on a multitude of grounds, primarily the liability of the Government in not providing infrastructure and to c....
(1) Bald assertion – In the absence of any evidence being brought on record, merely a bald assertion that the project was delayed due to in action by the Government or its statutory organisations and....
“Since the possession of subject flats were not delivered within the stipulated time, allottee held entitled for refund of amount deposited with interest.”
(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....
(1) Possession – Directing possession of the apartment without the requisite certificates would be inappropriate and not in the interest of justice.(2) National Commission – National Commission deter....
Pecuniary jurisdiction – it is clear that for the purpose of pecuniary jurisdiction, the value of services hired or availed plus compensation shall be the value for the purpose of pecuniary jurisdict....
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