Back
SUDIP AHLUWALIA, SADHNA SHANKER
Manoj Kumar Gupta – Appellant
Versus
ADTV Communication Pvt. Ltd. (Earlier Known As AEZ Infratech Pvt. Ltd. ) – Respondent
ORDER
Sudip Ahluwalia, Member—This Consumer Complaint has been filed under Section 21 of the Consumer Protection Act, 1986, alleging deficiency in service and unfair trade practice on the part of the Opposite Party, and, seeking refund of the deposited amount along with ancillary reliefs.
2. The factual background, in brief, is that the Complainant applied for a residential apartment in the “Aloha” Housing Project launched by the Opposite Party, located at Sector-57, Gurgaon, Haryana. On 10.10.2005, the Opposite Party issued an Allotment Letter in respect of a 3-Bedroom Apartment bearing Flat No.1001, Tower D-6, on the 10th floor, measuring approximately 2231 Sq. Ft., at a total consideration of Rs.50,85,100/-. The Flat Buyer’s Agreement executed on the same date stipulated that possession would be delivered within 36 months from the date construction commenced. Over the following years, the Complainant made timely payments amounting to Rs.43,52,277/- by April 2013, constituting about 85% of the total consideration. Despite continuous assurances by the Opposite Party, the construction was significantly delayed, and possession was never handed over as promised. Furthermore, despite i
Flat Buyer’s Agreement – Inordinate delay in possession without adequate justification constitutes significant breach of terms of Contract, manifesting clear negligence and deficiency of service.
Housewife - Complainant is a housewife and there is nothing on record to show that she is engaged in any visible commercial activity.
Indefinite time - Complainant(s) cannot be made to wait for an indefinite time and suffer financially.
(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....
Delay in delivery of possession constitutes unfair trade practice under the Consumer Protection Act.
Delays in possession of real estate mandate full refund to consumers under the Consumer Protection Act.
Deficiency in services occurs when contractual obligations regarding timely delivery are not met, allowing for consumer redress.
For failure of delivery of possession of flats within the stipulated, refund of amount directed.
Allotment of flat – Flat purchaser cannot be made to wait indefinitely for possession of his dwelling unit.
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
