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, 1986, Section 12 -- Consumer complaint - Flat buyer agreement - Delay in delivery of possession - Interest - Having regard to totality of circumstances, i.e. prolonged delay, failure to obtain mandatory statutory approvals, repeated non-compliance with directions of Supreme Court and long deprivation suffered by respondents despite payment of..........
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..........
Consumer Protection Act, 1986, Section 23 -- Consumer complaint - Compensation/damages - Damages cannot be awarded merely on presumptions or whims and fancies of complainant - To make out a case for award of damages especially when claim is to the tune of crores of rupees, some trustworthy and reliable evidence has to be led...........
Consumer Protection Act, 1986, Section 23 -- Consumer complaint - Compensation/damages - Claim of compensation was for crores of rupees - Merely on basis of photocopies of documents placed on record by respondent, Commission has committed an error in awarding huge amount of compensation of Rs.2,00,00,000 which cannot be justified - Even discrepancies in photocopies..........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Mere act of purchasing immovable property, even multiple units, cannot ipso facto attract exclusion clause of S.2(1)(d) of the Act unless and until it is proved that dominant purpose behind such purchase was commercial in nature - In absence of such proof, appellants cannot be excluded from definition of consumer..........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Mere factum of leasing out flat does not by itself demonstrate that appellants purchased the property with dominant purpose of engaging in commercial activity...........
Consumer Protection Act, 2019, Section 71 -- Execution - Order allowing consumer complaints - Execution proceedings cannot be permitted to continue indirectly against respondents who are neither judgment debtors nor guarantors and against whom no independent liability under the order allowing complaints has been established...........
Consumer Protection Act, 2019, Section 71 -- Execution - Moratorium u/s 14 of IBC against company by itself does not preclude execution proceedings against directors or officers, provided they are otherwise liable...........
Consumer Protection Act, 2019, Section 71 -- Execution - Decree cannot by process of execution be employed to shift or enlarge liability so as to bind persons who were neither parties to decree nor otherwise legally liable thereunder...........
