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BIMLA KUMARI
Manju Saxena – Appellant
Versus
Samiah International Builders Pvt. Ltd. – Respondent
JUDGMENT
The Complainants, initially filed the complaint no. 211/2018 before the District Consumer Forum (South West District). Later on, the complaint was transferred to this Commission by Ld District Forum vide order dated 12.07.2018 for want of pecuniary jurisdiction. Thereafter, the present complaint was filed before this Commission on 21.07.2018.
2. Brief facts of the case are that the Complainants who are husband and wife had jointly booked two BHK flat in the Group Housing project of the Opposite Party, namely, ‘Garden City’ at Hapur, Uttar Pradesh. They paid an amount of Rs.1,00,000/- to the Opposite Party vide cheque bearing no. 375333 dated 15.02.2009 drawn on UCO Bank, towards the booking amount. Thereafter, the Opposite Party vide Allotment Letter dated 22.05.2010 allotted flat no. B7-306, third floor, admeasuring 1050 sq. ft. in the said project, to the Complainants. As per Allotment Letter, the basic sale price of the flat was Rs.16,70,000/-
3. It is the case of the Complainants that a written agreement (Annexure-A3) was executed between them and the Opposite Party, according to which, the Opposite Party had agreed to handover the possession of flat within 24 months f
(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....
Commercial Purpose - Mere allegation, that the purchase of the said flat is for commercial purpose, cannot be the ground to reject the present consumer complaint.
Absence of prayer “ Even in absence of specific prayer, this commission can grant a relief which is justified and warranted in the facts and circumstances of the case.
Specified time - Therefore when possession of the allotted plot/flat/house is not delivered within the specified time, the allottee is entitled to a refund of the amount paid, with reasonable Interes....
(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 Established – The builder’s failure to hand over the apartment within the contractually agreed timeline, followed by an arbitrary cancellation of the allotment and unjustified f....
(1) Jurisdiction - Commission has the jurisdiction to entertain the cases relating to allotment agreement including delay in handing over possession of the said flat, as compensation for delay in han....
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