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NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI
S. S. Sharma, J
Complainant No. 2 – Appellant
Versus
Opposite Party No. 1 – Respondent
| Table of Content |
|---|
| 1. filing of complaint under consumer protection act with details of the case. (Para 1 , 2 , 3 , 4 , 5) |
| 2. arguments regarding compensation for delayed possession and vat refund. (Para 6 , 7) |
| 3. court's observations on jurisdiction and consumer rights. (Para 8 , 9 , 10) |
| 4. analyzed contractual obligations regarding taxes. (Para 11) |
| 5. final ruling on compensation for delayed possession. (Para 13) |
1. The present Complaint is filed under S.12(1)(c) of the Consumer Protection Act, 1986 .
2. The Complainant No. 1 is a voluntary Consumer Organization. Complainant No. 2 is the main aggrieved Complainant. Opposite Party No. 1 is the Developer and Opposite Parties Nos. 2 to 5 are Directors of Opposite Party No. 1.
3. The Complainant No. 2 entered into an Agreement dated 9.2.2008 with Opposite Party No. 1 for purchase of Flat No. 802, 8th Floor Fremont Wing (later called as A Wing) of a building known as California to be constructed in Pune. The carpet area of the flat was 130 sq. meters inclusive of balconies and terraces admeasuring 51 sq. meters. The total consideration of the flat was Rs. 1,08,66,340 As per clause 48 of the Agreement, possession was to be given on or before
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