Consumer Protection Act, 1986, Section 2(1)(g), Interest Act, 1978, Section 3, Civil Procedure Code, 1908, Section 34 -- Housing - Plot allotment - Interest rate - Charging on additional amount - Nothing in agreement which provides for rate of interest to be levied on the additional price on account of enhancement of acquisition cost - It has to be in keeping with..........
Stamp Act, 1899, Section 2(1), 2(12), 3, 17, 47A(1) -- Stamp duty - Plot allotment in the year 2002 and sale deed presented for registration in the year 2006 - Stamp duty is payable on market value of property on date of registration of sale deed and not on consideration set out in instrument...........
Consumer Protection Act, 1986, Section 2(1)(d)(ii) -- Consumer - Plot allotment - Oustees scheme - Petitioners received compensation for the acquired land - Allotment of residential plot under the oustees scheme is made as a gesture of goodwill - No element of 'hiring of service for consideration' of the respondent authority by the petitioners involved in such allotment -..........
Consumer Protection Act, 1986, Section 2(1)(g) , 14(1)(d) -- Housing - Plot allotment - Paper possession - Extension fee - For non completion of construction - Absence of any document to show that OP - HUDA had indeed sent an offer of possession of the plot to the petitioner - complainant under its memo dated 29.12.1995 - There does not appear to be any valid reason for..........
Criminal Procedure Code, 1973, Section 133, 137 -- Public nuisance - Proof - Revisionist is obstructing natural flow of water by making a ridge over Plot - Inquiry report of Tahasildar also reveals that there is a siphon in canal for free flow of excess water - Petitioner has blocked flow of water by putting a ridge on plot - Previously, petitioner blocked water flow by..........
Constitution of India, 1950, Article 14, 16, 12, 226 -- Resumption of allotted industrial plot - Validity of said order - Letter of allotment issued on 10.1.2001 but actual possession, however, handed over almost after 2 years - Corporation took more than 1 year to grant permission for construction after filing of application - Later on, notice of resumption given and plot..........
Consumer Protection Act, 1986, Section 24A -- Limitation - Appellant cancelled the plot issuing letter dated 16.4.2002 - The cause of action arose to file complaint arose on that date - Complaint filed in the year 2006 held to be barred by time and liable to be dismissed...........
Housing -- Plot allotment - Cancellation of plot - Due to laches of the complainant in not enlightening OPs in respect of earlier deposit of instalment dues and in not responding to the letters/notices - Complainant lost chance to demand that aforesaid plot - The said plot not available now and the price of plot in the said locality is comparatively much high - District..........
Housing -- Refund of deposit - Relief - Since the OP had not been able to carry out the development work in the area District Forum allowed refund of deposit with 12% p.a. - Order not assailed by complainant and qua him order became final - Order of District Forum challenged by OP by filing appeal in which application filed by complainant requesting forgoing relief granted..........
Consumer Protection Act, 1986, Section 2(1)(g) , 14(1)(d) -- Housing - Plot allotment - Delay of three years in providing amenities - Relief given on non construction fee penalty - Respondent is also responsible for delay - Compensation of Rs. 25,000/ - awarded by the State Commission held not justified...........
