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RAJ SHEKHAR ATTRI, RAJESH K. ARYA
Jasbir Nizzer – Appellant
Versus
Manohar Infrastructure & Constructions Pvt. Ltd. – Respondent
ORDER
Brief facts:
Rajesh K. Arya, Member.—The complainant booked a residential plot of 300 sq. yards at Rs.18,500 per sq yard in the “Palm Garden” project in Mullanpur, Mohali, submitting an application on 22.10.2011 and paying Rs.16,65,000 (30% of the sale consideration) between October and November 2011. Despite no development or plot number issuance, the opposite parties demanded an additional 20% of the BSP (.11,10,000) in August 2013 to complete 50% payment, which the complainant paid in hope of receiving the plot number. Following this, the opposite parties issued an acknowledgment dated 23.08.2013 that included hidden charges like IDC, not part of the original agreement. Upon visiting the site on 28.04.2014, the complainant found no development and learned that the necessary CLU permission had not been obtained, a fact previously concealed and falsely represented as received in correspondence. The complainant requested plot allotment in May 2014, threatening legal action due to delays, after which the opposite parties assured allotment by December 2014 and issued a letter confirming this; however, the allotment was not made as promised. Subsequently, the complainant was tol
(1) Validity of offer of possession can only be recognized if it is supported by a Completion Certificate and Occupation Certificate – There is no legal provision allowing possession to be offered ba....
(1) Final and Binding terms of a Contract – A terms of a contract will not be final and binding if it is shown that the flat purchasers had no option but to sign on the dotted line, on a contract fra....
(1) Existence of an Arbitration Clause in the agreement is not a bar to resolve this dispute by this Commission. (2) Act and conduct of opposite parties No.1 & 3 a clear case of misrepresentation and....
Non-availability of the Occupancy/Completion Certificate points to the deficiency on the part of the Appellant.
Possession – Failure to deliver possession constitutes a recurrent cause of action and that the developer had misled the complainant by collecting funds without holding necessary statutory permission....
1. Builder cannot claim lack of due diligence and creation of alternative arrangements to a situation as ‘Force Majeure’ defense.2. The purchase of a plot/apartment is a continuing course of action t....
(1) Arbitration Clause – Arbitration Clause in the Agreement does not bar the jurisdiction of the Consumer Fora to entertain the Complaint.(2) Additional Amount – Developer is entitled to charge the ....
Since no license is issued by the building authority, property remained unauthorized and possession cannot be granted.
Delayed Possession - possession has not been offered to the Complainants and there is inordinate delay of over 9 years in handing over possession to the Complainants. They are entitled to a reasonabl....
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