Housing -- Allotment of residential plots - Allottee required to deposit 10% of tentative price of land as earnest money - Allottee deposited some instalments and thereafter intimated about his incapacity to pay up the balance instalments - Held, allotting authority is entitled to forfeit the earnest money which had been deposited with the application form and not the 10%..........
Consumer Protection Act, 1986, Section 2, 14 -- House - Non-allotment of - Board held to be guilty of deficiency in service by the District Forum - District Forum directing Board to deliver possession - House found to be available - Board directed to allot house on the price which already stood deposited...........
Specific Relief Act, 1963, Section 16(c) -- Ready and willing - By readiness may be meant the capacity to perform the contract which includes financial position to pay the purchase price - For determining willingness conduct is to be properly scrutinised - The factum of readiness and willingness to perform the contract is to be judged with reference to the conduct of the..........
Specific Relief Act, 1963, Section 16(c) -- Ready & willing - Difference - By readiness may be meant the capacity of the plaintiff to perform the contract which includes his financial position to pay the purchase price - For determining his willingness to perform his part of the contract, the conduct has to be properly scrutinised...........
Consumer Protection Act, 1986, Section 2, 14 -- Housing - Deficiency in service - Purchase of flat - Draft agreement executed - Possession of flat not given - Complaint filed - Opposite party denying agreement and price consideration - Draft agreement found to be genuine - Part payment established - Opposite Party held guilty of deficiency in service in not delivering..........
Agreement to sell -- Suit for specific performance - Lay out plan when not sanctioned by Municipal Corporation - Held, vendors cannot deny sale and execution of sale deed when purchasers are ready to accept lay out as proposed by Corporation and to pay the price of the site in which road as proposed by Corporation is laid...........
Specific Relief Act, 1963, Section 16 -- Agreement of sale - Relief of specific performance - Mere delay of 2-1/2 years in filing suit after receipt of reply notice from vendor- Not a ground to find that vendee abandoned his right to claim specific performance unless there are other grounds - Question of waiver or abandonment is a question of fact to be inferred from..........
Consumer Protection Act, 1986, Section 2, 14 -- House allotment - Possession taken after payment of full price - Additional sum demanded between tentative cost and final cost - Demand alleged to be unjust - Prayed for direction for execution of sale deed - State Commission directing execution of sale deed - Order upheld...........
Consumer Protection Act, 1986, Section 2, 21 -- Plot - Allotment of - Possession not delivered as plot was in occupation of another person - Refund accepted without prejudice to his rights - Complaint - Offer of alternate plot at prevailing price accepted...........
Consumer Protection Act, 1986, Section 2(1)(r) -- Unfair trade practice - T.V. found to be defective - Could not be set right despite repeated attempts - Order of District Forum directing opposite party either to replace T.V. or to refund its price - Order upheld...........
