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BIMLA KUMARI
Pradeep Tokas – Appellant
Versus
Terra Realcon Pvt. Ltd. – Respondent
JUDGMENT
Brief facts of the case are that in the month of August 2013, the representatives of the Opposite Party approached the Complainant and stated that the Opposite Party is going to construct the residential flats in its project, namely, ‘Terra Heritage’ at Bhiwadi, Rajasthan. Being lured by the representations made by the Opposite Party, the Complainant vide ‘Application Form dated 06.08.2013 (Annexure-A Page 22 & 23 of complaint) had booked the 2BHK flat bearing no. D-801 admeasuring 1150 sq. ft. in the aforesaid project of the Opposite Party. As per the Application Form, the basic sale price of the flat was Rs.27,28,320.
2. It is the case of Complainant that at the time of booking, the Opposite Party assured the Complainant that the project would be completed within 36 months from the date of agreement and if, in any case, the Opposite Party failed to handover the possession within 36 months, then the Opposite Party would refund the entire money along with 24% interest. The Opposite Party further stated that if the Complainant cancels the booking then the Opposite Party would be entitled to deduct 10% of the amount paid by the Complainant. On the said term, the Complainant en
Flat Buyer’s Agreement – Only a ‘reasonable amount’ can be forfeited by Opposite Party which cannot exceed 10% of total sale price of unit, in case of delay in payment by Buyer.
Shop Buyer’s Agreement – Only a ‘reasonable amount’ can be forfeited as earnest money – Any amount exceeding 10% of total sale price cannot be forfeited by Builder.
Commercial Space - commercial purpose does not include if it is for the purpose of earning his livelihood by means of self-employment.
(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....
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.
(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....
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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