Consumer Protection Act, 1986, Section 2(1)(g), 2(1)(o) -- Deficiency - Housing construction falls within the ambit of "service" u/s 2(1)(o) of the Act and failure to deliver possession within stipulated period constitutes "deficiency" u/s 2(1)(g) of the Act...........
Consumer Protection Act, 1986, Section 2(1)(g) -- Consumer complaint - Deficiency in service - Compensation - Power of consumer fora to grant just and reasonable compensation for deficiency in service is traceable to statute and cannot be curtailed by contractual terms which operate to detriment of consumer...........
Consumer Protection Act, 1986, Section 2(1)(g) -- Consumer complaint - Deficiency in service - Flat buyer agreement - Delay in delivery of possession - Failure to obtain requisite Occupancy Certificate constitutes deficiency in service, entitling consumers to seek compensation...........
Consumer Protection Act, 1986, Section 12 -- Consumer complaint - Flat buyer agreement - Delay in delivery of possession - Compensation - Delay in completion and handing over of possession is not disputed - Such failure constitutes deficiency in service - Appellant failed to secure requisite occupancy certificate - Appellant directed to obtain requisite Occupancy..........
Consumer Protection Act, 2019, Section 67 -- Consumer complaint - Joint Development Agreement (JDA) - Delay in delivery of possession - Deficiency in service - Landowners executed GPA in favour of developer to enter into Sale Agreements, execute conveyances, receive consideration and complete registration formalities in respect of developer's share - Construction has to be..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - If a plaint has missing or deficiency of facts on basis of which a given cause of action intended to be agitated can be said or assumed to be constituted, then a plaint is rejected on Court's own indulgence or on asking of a defendant...........
Registration Act, 1908, Section 17(b) -- Registration - Compromise decree - Order of Court/decree which extinguishes rights, title or interest is required to be compulsorily registered - Right course thus, open for Civil Judge was to decree the suit and send a copy of decree for registration to Sub-Registrar u/s 17 of the Act - Sub-Registrar, if deemed necessary, can take..........
Consumer Protection Act, 1986, Section 23 -- Housing scheme - Allotment of plot - Delay in delivery of possession - If there is deficiency or delay in service, consumer is entitled to be compensated for the same - Mere fact that consumer in order to secure a property in scheme took loan with interest, no liability can be saddled on authority responsible for housing scheme..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Insufficiently stamped document - Original document has not been produced - Party cannot be permitted to lead secondary evidence in the absence of instrument in original to make up deficiency of stamp duty and to be dealt in accordance with S.35 of Stamp Act - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deficient Court fee - Plaint cannot be rejected merely on the ground of insufficient Court fee - Plaintiff be afforded an opportunity to rectify such deficiency - Only upon failure to comply, plaint can be rejected...........
