Consumer Protection Act, 1986, Section 3, Real Estate (Regulation and Development) Act, 2016 -- Applicability of Consumer Protection Act after provisions of RERA Act came into force - Applicability of provisions of Consumer Protection Act is an additional remedy, despite existence of remedies under special statues - Even S.88 of RERA Act is akin to S.3 of Consumer..........
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..........
Competition Act, 2002, Section 53B, 53T, 2(1), 19, 35 -- Competition Commission of India (General) Regulations, 2009, Regn. 2 - A reading of the provisions of the Act and the 2009 Regulations would show that "any person" may provide information to the CCI, which may then act upon it in accordance with the provisions of the Act - In this regard, the definition of "person"..........
Consumer Protection Act, 1986, Section 12 -- Sale of apartments - Delay in delivery of possession - Claim for compensation - Plea of developers that there was delay in approval of building plans - Plea held, not tenable as developers are conscious of these delays and cannot set this up as a defence to a claim for compensation where a delay has been occasioned beyond..........
Consumer Protection Act, 1986, Section 12 -- Sale of apartments - Delay in delivery of possession - Claim for compensation - Developer offered exit option with interest at 9% - Would not disentitle flat purchaser from claiming compensation...........
Consumer Protection Act, 1986, Section 12 -- Sale of apartments - Delay in delivery of possession - Claim for compensation - Offer of refund - Would not detract from entitlement to claim compensation...........
Consumer Protection Act, 1986, Section 12 -- Sale of apartments - Delay in delivery of possession - Refund of consideration together with interest - Does not provide a just recompense to a genuine flat buyer, who desires possession and remains committed to the project...........
Consumer Protection Act, 1986, Section 12 -- Sale of apartments - Delay in delivery of possession - Compensation awarded at rate of 7% - Considering the facts and circumstances, compensation on account of delay brought down from 7% to 6% p.a. - However, amount, if any, which has been paid in terms of contractual rate shall be adjusted while computing balance due...........
Consumer Protection Act, 1986, Section 12 -- Home buyers or allottees of properties in proposed real estate development projects - Proceedings under Consumer Act is maintainable even after commencement of RERA (Real Estate (Development and Regulation) Act, 2016)...........
