Showing : 1-10 of 45 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Consumer Protection Act, 1986, Section 23, 2(r)-- Apartment Buyer's agreement - Contractual terms of agreement ex-facie one sided, unfair and unreasonable - Builder cannot seek to bind purchaser with such one sided contractual terms...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Consumer Protection Act, 1986, Section 23-- Apartment Buyer's agreement - Breach of contractual obligation by Builder - Failure to hand over possession of flat to flat purchaser within a reasonable period - Purchaser justified in termination of agreement by filing consumer complaint - Purchaser is thus entitled to refund of entire amount..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Consumer Protection Act, 1986, Section 23-- Allotment of flat - Delay in handing over possession - Compensation/interest - Agreement provided for delivery of possession by 31.10.2013 - Delay occurred because of various legal impediments in timely completion of project - Builder held, liable to pay interest to purchaser by way of..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Specific Relief Act, 1963, Section 14(3)(c)-- Development agreement - Specific performance - Analysis of decided cases for grant of specific performance in case of development agreement are : (i) Courts do not normally order specific performance of a contract to build or repair - But this rule is subject to important exceptions, and a decree..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Indian Contract Act, 1872, Section 73-- Breach of contract - Damages/compensation - Whenever, builder refuses to perform contract without valid justification, buyer is entitled for compensation as he is deprived of price escalation of flat - Every breach of contract gives rise to an action for damages - Such amount of damages must be..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Flat in a multi storey building -- Purchase of - Either by becoming member of Cooperative society or share holders of the company - Flat owner can sell, hypothecate or mortgage his flat for availing of loan without permission of builder, Society or Company - That right is always transferable and heritable - Neither the Company Act..........
BOMBAY HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Interim relief - Modification of - Defendant No.2 prima facie appears to be bonafide purchaser for valuable consideration - Held, to put a condition of payment of royalty by him would be a burden on him - Parties appear to be from middle class and it would not be in the interest of justice to put..........
NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI
Year of decision: 2011
Details
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d), 21(b)-- Revisional jurisdiction - Concurrent findings - Housing - Flat allotment - Non handing of possession - Compensation - Punitive costs - In one complaint purchaser of flat has paid the entire consideration and in other substantial amount paid and willing to pay the balance amount - Builder cannot..........
NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI
Year of decision: 2011
Details
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d), 21(b)-- Revisional jurisdiction - Concurrent findings - Housing - Flat allotment - Non handing of possession - Compensation - Punitive costs - In one complaint purchaser of flat has paid the entire consideration and in other substantial amount paid and willing to pay the balance amount - Builder cannot..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Consumer Protection Act, 1986, Section 2-- Deficiency in service - Owner of plot and builder, as a joint venture built duplex and agreed to sell to complainants after having received part sale consideration - Flat demolished by Municipal Corporation because of dispute in title of the property - Purchaser sought to prosecute builder..........

Showing : 1-10 of 45 Results