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1 - 7 of 7 (0.49 seconds)Sunil Kumar Sengar & Anr. vs M/S. Unitech Ltd. on 8 June, 2015
5 This Commission further observed and held as under in Shweta Kapoor & Anr. (Supra):
Puneet Malhotra vs Parsvnath Developers Ltd., on 29 January, 2015
6. In our view, the interest claimed by the flat buyers in such a case does not represent only the interest on the capital borrowed or contributed by them but also includes compensation on account of appreciation in the land value and increase in the cost of construction in the meanwhile. As noted by us in CC No.232 of 2014, Puneet Malhotra Vs. Parsvnath Developers Ltd. decided on 29-01-2015, there has been steep appreciation in the market value of the land and cost of construction of the residential flats in Greater Noida in last about 7-10 years and consequently the complainants cannot hope to get a comparable flat at the same price which the opposite party had agreed to charge from them. In fact it would be difficult to get a similar accommodation, even at the agreed price plus simple interest thereon at the rate of 18% per annum. Therefore, the payment of interest to the flat buyers in such a case is not only on account of loss of income by way of interest but also on account of loss of the opportunity which the complainants had to acquire a residential flat at a particular price.
Swarn Talwar & 2 Ors. vs Unitech Ltd. on 14 August, 2015
6. The learned counsel for the opposite party submits that since the apartment in question was purchased for less than Rs.1 Crore, this Commission lacks pecuniary jurisdiction to entertain this complaint and the complainants should be relegated to the concerned State Commission for the redressal of their grievance. We however find no merit in this contention. This issue was raised by the opposite party in Swarn Talwar (Supra) and was rejected. The aforesaid decision to the extent relevant to this plea reads as under:-
Section 11 in Consumer Protection Act, 2019 [Entire Act]
Section 21 in Consumer Protection Act, 2019 [Entire Act]
Ghaziabad Development Authority vs Balbir Singh on 17 March, 2004
In Ghaziabad Development Authority Vs. Balbir Singh (2004) 5 SCC 65, the Hon'ble Supreme Court inter alia observed and held as under:
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