Consumer Protection Act, 1986, Section 2(1),(o) -- Service - Housing - Price fixation - When the advertisement was issued for the purpose of registration of intending purchasers of flats, they were clearly intimated that the price shown was merely a 'tentative price' - Again when the scheme was altered the intending purchasers were informed that the price was tentative and..........
Plot allotment -- Enhancement of price - Surrender of plot - Deduction of 10% of the total price out of the deposited amount as per condition of allotment letter - Held that this condition is a part of bilateral agreement - Cannot be considered as oppressive condition so as to give a right to the complainant to surrender plot on that account - It has to be taken that the..........
Agreement to sell -- Specific performance - Relief of - It is discretion of Court to grant relief of specific performance - Court is not bound to grant such relief merely because it is lawful to do so - However, discretion of Court is not arbitrary and is based upon judicial principles - Hardship is a question of fact - Escalation of price of the real estate, inadequacy of..........
Land Acquisition Act, 1894, Section 4, 6 -- Land acquisition - Market value - Market value is the price that a willing purchaser would pay to a willing seller for the property having due regard to its existing condition with all its existing advantages and its potential possibilities when led out in most advantageous manner excluding any advantage due to carrying out of..........
Consumer Protection Act, 1986, Section 3,2(1),(d), Evidence Act, 1872, Section 115 -- Additional remedy - Estoppel - Consumer - Respondent already opted for a certain route for redressal of a grievance relating to per sq. yard price of plot - He was no more the owner of the plot having passed on the interest of the plot to somewhere else with permission to sell upon his..........
Specific Relief Act, 1963, Section 20(2) -- Agreement to sell - Specific performance - Comparative hardship - Plea not taken in written statement - Held, that discretion of Court in granting decree of specific performance is not arbitrary and is based upon judicial principles - Hardship is a question of fact - Escalation of price of real estate, inadequacy of consideration..........
Cold storage -- Potato storage - 407 qtls of potatoes were stored in cold storage - When the petitioner went to see these stored material it was found to be germinated - The complainant held entitled to compensation for the price of the potatoes...........
Consumer Protection Act, 1986, Section 2(1),(g),14(1),(d) -- Housing - Deficiency in service - Compensation - Interest - The complainant paid hefty amount of 76 lakhs and odd in 1995 in hope of getting a Villa which she has not been provided - She has thus been deprived not only the benefit of escalation of price of Villa but was also suffered loss of rent under the..........
Commercial property -- Maintenance charges - Enhancement of - There has been a phenomenal increase in the cost of the services like electricity and water supply which necessitated the increase in the rates - The maintenance agency held justified in increasing the price of services from 20 paise per sq. ft. to 35 sq. ft............
Constitution of India, 1950, Article 226, 298, 299 -- Auction - Highest bid - Auction not approved/confirmed by Government as bid price marginally above the reserve price - Writ petition challenging order declining to approve auction - No illegality in order of Government - Proper reason assigned for non acceptance of highest bid - Writ dismissed...........
