Consumer Protection Act, 1986, Section 23 -- Flat Buyer Agreement - Delay of handing over possession - Refund of amount - Project was delayed inordinately - Complainants were made to suffer for long for no fault of them - In spite of making the entire payment, they were deprived of possession within stipulated time - Commission rightly directed Developer to refund the..........
Consumer Protection Act, 1986, Section 23 -- Flat Buyer Agreement - Delay in allotment of flats - Compensation - Dispute between developer and Housing Board over delay of allotment of flats - Arbitrator specifically directed in its award that any amount payable on account of refund, interest or compensation when finally determined by National Commission/Supreme Court would..........
Monopolies and Restrictive Trade Practices Act, 1969, Section 36A, 36B(a), (d), 36D, 36E, 2(i), 2(o) -- Unfair trade practice - Apartment Buyer Agreement - Delay in handing over possession of apartment - Possession was to be handed over within a period of two and half to three years from date of agreement as per clause mentioned in agreement - It cannot be said that time..........
Monopolies and Restrictive Trade Practices Act, 1969, Section 36A, 36B(a), (d), 36D, 36E, 2(i), 2(o) -- Unfair trade practice - Apartment Buyer Agreement - Extra charges demanded by developer - Extra charges demanded as per clauses of agreement - There is no dispute that appellants had paid initial installments towards extra charges - Developer had also duly informed..........
Consumer Protection Act, 1986, Section 2(1)(r) -- Unfair trade practice - Apartment Buyer's Agreement - Incorporation of one sided and unreasonable clauses in Apartment Buyer's Agreement constitute an unfair trade practice u/s 2(1)(r) of the Act - Developer thus, cannot compel apartment buyers to be bound by one sided contractual terms contained in Apartment Buyer's..........
Consumer Protection Act, 1986, Section 23 -- Apartment Buyer's Agreement - Delay in handing over possession of apartment - Developer proposed to offer possession of apartment to allottee within a period of 42 months from the date of approval of Building Plans and/or fulfilment of pre-conditions imposed thereunder - Determination of date from which 42 months period of..........
Consumer Protection Act, 1986, Section 23 -- Apartment Buyer's Agreement - Delay in handing over possession of apartment - Refund of amount - Allottees are in two categories based on allotments one where developer is granted occupational certificate and offer of possession is made and second where occupational certificate has not been granted so far - Allottees in first..........
Consumer Protection Act, 1986, Section 2(1)(r) -- Unfair trade practice - Apartment Buyer's Agreement - Incorporation of one sided and unreasonable clauses in Apartment Buyer's Agreement constitute an unfair trade practice u/s 2(1)(r) of the Act - Developer thus, cannot compel apartment buyers to be bound by one sided contractual terms contained in Apartment Buyer's..........
Consumer Protection Act, 1986, Section 23 -- Apartment Buyer's Agreement - Delay in handing over possession of apartment - Developer proposed to offer possession of apartment to allottee within a period of 42 months from the date of approval of Building Plans and/or fulfilment of pre-conditions imposed thereunder - Determination of date from which 42 months period of..........
Consumer Protection Act, 1986, Section 23 -- Apartment Buyer's Agreement - Delay in handing over possession of apartment - Refund of amount - Allottees are in two categories based on allotments one where developer is granted occupational certificate and offer of possession is made and second where occupational certificate has not been granted so far - Allottees in first..........
