Civil Procedure Code, 1908, Order 39, Rule 1 -- Injunction - Plaintiff developer has instead of paying anything for purchasing development rights received Rs.12,000,00/- from defendant society which is consistent with payment being towards construction cost - Held, appellant could not claim to have been put in possession - MOU entered into in 1994 - Till 2008 not a brick..........
Consumer Protection Act, 1986, Section 24A -- Limitation - Housing - Land - Development agreement - Complainant got possession on 3.3.1999 and as per the Agreement after getting owner's allocation no further reciprocal liability among and Owner and the Developer will lie - Complaint filed on 3.12.2009 i.e. after 10 years and 9 months from the date of getting possession in..........
Specific Relief Act, 1963, Section 16 -- Development agreement - Specific performance - MOU - Exhaustive - Taking into account not only the reciprocal promises and obligations of the owner and the Developer, but also the rights of the tenants/occupants - Held, it is an agreement upon which an action in law is maintainable - Such MOU itself is specifically enforceable,..........
Housing -- Development agreement - Flats of the building not completed in time by the developer - Held to be a deficiency in service - Due to non completion of construction in time the purchaser had to incur an expenditure to the tune of 60,000/ - to make the same habitable - Appellant held duty bound to pay this amount to the purchaser at the time of execution and..........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Housing - Development Agreement - Construction of building - The arrangement was sharing the number of flats constructed on land - It was the respondent who was to build four floors on the stilt 'at his won cost' - The appellant/complainant could not be said to have hired the services of respondent..........
Specific Relief Act, 1963, Section 6 -- Suit for possession - Agreement to purchase two flats between developer and plaintiff - Plaintiff was to make internal changes at his own cost - Developer gave possession of two flats which then consisted of outer walls on four sides without any partition, doors and windows - Plaintiff erected walls, partition doors, windows etc. at..........
Consumer Protection Act, 1986, Section 21 -- Builder - Construction of flats - Buildings to be constructed on stilts - Opposite Party contended that at the time of the execution of the Package Deal Agreement by oversight the saleable area was mentioned less by 2,043 sq.ft. - Area represents the stilt area on the ground floor - Contention of Opposite Party cannot be..........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Service provider - Agreement for construction on the plots and flats to be given to complainants - Construction was not carried out and possession was not delivered in spite of payment of money - Therefore, services of builder/developer is hired and part payment was made by complaint and the Chief Promoter of the..........
