Consumer Protection Act, 1986, Section 2(1)(g), 2(o) -- Consumer complaint - Deficiency in service - Conversion of leasehold property into freehold property - Appellant is not providing any services within meaning of S.2(o) of the Act - Expression service includes housing construction and not allotment of a site or a plot - Deficiency in service does not include transfer..........
Evidence Act, 1872, Section 103 -- Burden of proof - Lease - Proof - Plea sought to be proved not by Lease/Allotment Certificate itself but by a receipt of premium - Receipt of premium is not the same as Lease/Allotment Certificate and on its basis exclusive rights cannot be claimed and Court below has rightly held so...........
Lease -- Proof - Receipt for premium has no semblance to Allotment Certificate and is not the same as Allotment Certificate itself...........
Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, Section 122C, 197, 198 -- Allotment of housing sites - Without prior approval of Assistant Collector is void ab-initio and is liable to be ignored for which no separate proceedings i.e cancellation or declaration as a void document are required to be initiated...........
Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Act, 1972, Section 21(1)(a) -- Eviction petition - Release application for need of son of landlord - Plea of comparative hardship - Tenants have their shops available for business and business of selling vegetables can be shifted anywhere easily - Tenant has not made any efforts to search..........
Consumer Protection Act, 1986, Section 12 -- Allotment of residential flat - Non-delivery of possession - Interest on refund of consideration amount - Subsequent purchaser who steps into shoes of an original allottee of a housing project on which builder has not honoured its commitment to deliver flat is entitled to relief of interest on refund of consideration amount...........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Suit for Mandatory injunction - Title of plaintiff over suit property is not admitted by defendant - Even, plaint does not disclose as to how plaintiff acquired title over property in question - Specific case of defendant in written statement is that he became owner of part of suit property under..........
Consumer Protection Act, 1986, Section 2(1)(r) -- Unfair trade practice - Allotment of flat - Delay in handing over possession of flat - Condition in letter of allotment that in case seller failed to hand over possession in time, payment of compensation @ 2 per sq ft has to be paid to purchaser - If buyer failed to pay installments, he has to pay substantially higher rate..........
Consumer Protection Act, 1986, Section 12 -- Allotment of flat - Delay in handing over possession of flat - Once NCDRC awarded interest for delayed handing over possession, there would be no justification to award an additional amount of Rs.2 lakhs - Direction to pay compensation of Rs.2 lakhs towards loss of rent set aside...........
Consumer Protection Act, 1986, Section 12 -- Allotment of flat - Delay in handing over possession of flat - Period of 2-1/2 years stipulated in letter of allotment for completion of construction is over and even additional period of one year as extended also expired, but possession of flat not delivered to purchaser - NCDRC rightly awarded interest to purchaser - However,..........
