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POONAM V. MAHARSHI, NISHA AMOL CHAVHAN
Savio Alva – Appellant
Versus
Ravi Developments A Partnership Firm – Respondent
JUDGMENT
Dr. Nisha Amol Chavhan, Member.—The present Consumer Complaint No.CC/62/2016 is filed under S. 17(1)(a)(i) of the Consumer Protection Act, 1986. (The ‘C.P. Act’ for short) by the complainant against opposite parties.
2. The complainant alleged deficiency in service and unfair trade practice in relation to non-completion of construction, non- obtaining the occupation certificate and failure to deliver possession of Flat. The reliefs sought include possession with occupancy certificate of Flat No.1103 on the 11th floor, in A-Wing in the Building known as “Gaurav Saffron”, located at Ghodbunder, Mira Road (East), Thane after receiving the balance consideration of the Flat as per the terms of Agreement for Sale dated 31/05/2011 or in the alternative an equivalent flat in the same vicinity, together with compensation for delay, rent reimbursement, and litigation costs or in alternate Opposite Party No.1 to pay to the Complainants the proportionate Current Market Value as on the date of passing of the final Order/disposal of the above numbered Complaint as per the Stamp Duty Ready Reckoner’s Rate. (As per Stamp Dirty Ready Reckoner, 2015 the value of the flat is Rs.28,00,022/- or
Failure to deliver possession – The Commission observed that the Developer’s failure to complete construction and obtain the Occupation Certificate (OC) and Building Completion Certificate (BCC), whi....
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.
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.
(1) Housing Construction or business activity – Housing construction or building activity carried on by a private or statutory body constitutes ‘service’ within the ambit of Section 2(1)(o) of the Ac....
(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....
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