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NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
SUBHASH CHANDRA, PRESIDING MEMBER
ANEESH CHAND MATHUR & ANR. – Appellant
Versus
M/S. PRATEEK REALTORS INDIA PVT. LTD. – Respondent
| Table of Content |
|---|
| 1. service deficiency due to possession delays. (Para 1 , 2 , 3) |
| 2. arguments on jurisdiction and consumer definitions. (Para 4 , 5) |
| 3. long delays warrant refunds and remedies. (Para 6 , 10) |
| 4. legal backing on consumer rights and builder's obligations. (Para 7 , 8 , 9 , 12) |
| 5. direct order for payment recovery. (Para 14) |
1. This complaint has been filed under section 12 read with section 21 of the Consumer Protection Act, 1986 (in short, the ‘Act’) alleging deficiency in service and unfair trade practice in respect of a flat booked by them with the opposite party viz., M/s Prateek Realtors India Pvt. Ltd., in a project promoted and developed by it and seeking refund of the amount deposited along with interest and other compensation.
2. Briefly, the facts of the case are that on 05.03.2013 the complainants had booked a three bedroom residential flat admeasuring 1762 sq ft in a group housing project ‘Prateek Wisteria’ in Sector 77, Noida (in short, the ‘project’) being developed and promoted by the opposite party. As per allotment letter dated 09.03.2013, flat no. D-1905, 18th Floor, Tower D admeasuring approx. 1385 sq ft (super area) (in short, the ‘flat’) was all
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