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VINOD S. BHARADWAJ
Pankaj Nandwani – Appellant
Versus
Permanent Lok Adalat – Respondent
JUDGMENT :
(Vinod S. Bhardwaj. J.) :
The present petition challenges the award dated 15.11.2018 (Annexure P-1) passed in case no.168 by the Permanent Lok Adalat (Public Utility Services), Sonipat, whereby the application under Section 22C of The Legal Services Authorities Act, 1987 (for short the 1987 Act) filed by the petitioner has been partly allowed and the respondent developer has been directed to allow the petitioner to choose a plot from the available plots, of same size and in the same location, at the initially agreed price instead of directing a refund of the entire deposited amount, along with interest.
2. Learned counsel for the petitioner contends that the petitioner had booked a residential plot at TDI City, Kundli, District Sonipat in the project developed by respondents no.2 and 3 in the name and style of Tuscan Royale, measuring 250 sq. yards bearing plot no.A-1 Block, Tuscan City in Tuscan Royale City at the basic sale price of Rs.37,500/- per sq. yard. Registration form was submitted by the petitioner on 14.05.2012 and a sum of Rs.18,75,000/- was duly deposited. A letter of allotment dated 05.02.2013 for plot no. A-1-104 was stated to have been issued to the petiti
An allottee has the right to choose a refund over an alternative plot when possession is not delivered, reinforcing the principle of contractual freedom.
The principle of unjust enrichment and the doctrine of legitimate expectations were central to the court's decision, emphasizing the obligation of the Development Authority to act fairly and reasonab....
(1) Breach of reciprocal contractual obligations – A commercial document ought not to be interpreted in a manner that arrives at a complete variance with what may originally have been intention of pa....
Authorities must clarify payment structures and ensure timely refunds, as consumer rights are pivotal in contractual agreements.
The principles of natural justice require that an allotment cannot be cancelled without due process, including notice and an opportunity to be heard.
Allottees possess an unqualified right under section 18 of the Act to withdraw from the project and demand refunds if possession is not delivered in accordance with the agreement, emphasizing timely ....
1. Interest will be calculated after the period of assured possession has elapsed – from when cause of action has arisen2. Arbitration is not a bar to consumer complaint
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