Consumer Protection Act, 1986, Section 12 -- Consumer complaint - Compensation under the Act is remedial and protective in character - Detailed mathematical ascertainment of market decline is not a sine qua non, what is required is that award be just, reasonable and proportionate to delay, deprivation and hardship established on record...........
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, 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..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Delay in reporting matrimonial cruelty does not by itself necessarily erode credibility of complaint provided prosecution version is otherwise found to be believable...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Cause shown not an explanation but a lame excuse - No case for exercise of discretion has been set up...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Cannot be claimed a a matter of right - It is entirely discretion of Court whether or not to condone delay...........
Limitation Act, 1963, Section 5 -- Condonation of delay - A lenient and justice oriented view is required to be adopted...........
Civil Procedure Code, 1908, Order 9, Rule 8, 9, Limitation Act, 1963, Section 5 -- Restoration of suit dismissed in default - Condonation of delay - Plaintiff is not disclosing his source of information and date of knowledge about impugned order from whom he found that suit is dismissed for default - Therefore, Court can draw an inference that plaintiffs had knowledge..........
