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SANGITA DHINGRA SEHGAL, PINKI
A. P. Sharma – Appellant
Versus
Parsvnath Developers Ltd. – Respondent
JUDGMENT
Pinki, Member (Judicial)—The brief facts necessary for deciding the present complaint are that the son of Complainant was working at Indore and the Complainant and his wife, namely, Mrs. Neeraj Sharma, with a view to construct their house and residing with their son in the old age, had booked a residential plot with the Opposite Party in its project namely ‘Parsvnath City’ at Indore, Madhya Pradesh. On 30.01.2008, ‘Plot Buyers Agreement’ was executed between the Complainant and his wife and the Opposite Party for plot bearing No.M-233 admeasuring 172 sq. yards in the above said project. The basic price of the said plot was of Rs.9,28,800/-. As per clause 5(a) of the said agreement, the Opposite Party had agreed to complete the internal development work of the project within 24 months from the date of signing of the agreement subject to force majeure, restraints or restrictions from any courts/authorities, disputes with contractors/work force etc., circumstances beyond the control of the Developer and subject to timely payments by the Buyers.
2. It is further stated by the Complainant that between January, 2007 and February, 2009, he had paid a total amount of Rs.8,82,360/- t
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) Plot Buyers Agreement—It is for Opposite Party to prove that Plot was purchased for commercial purpose, by way of some documentary proof.(2) Complainants cannot be expected to wait for indefinite....
The jurisdictional and compensatory frameworks under the Consumer Protection Act aid consumers in securing redressal for deficiencies in service.
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....
A partnership firm qualifies as a consumer under the Consumer Protection Act, 1986, establishing rights to seek redress for deficiency in service.
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