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Jaypee Kasablanca Buyers Welfare ... vs Jaiprakash Associates Ltd. on 27 May, 2022 cites

Kolkata West International City Pvt Ltd vs Devasis Rudra on 25 March, 2019

In the case of Pioneer Urban Land and Infrastructure Ltd., vs Govindan Raghavan and connected matter in CA no. 12238 of 2018 decided on 02.04.2019 - (2019) 5 SCC 705 the Hon'ble Apex Court laid down that one sided clauses are not binding on the complainants and constitute an unfair trade practice under section 2(r) of the Consumer Protection Act, 1986 [in the light of ruling of the Hon'ble Supreme Court in Kolkata West International City Pvt. Ltd., vs Devasis Rudra  (Supra) [II (2019) CPJ 29 (SC)]. It is not disputed that the occupation certificate and consequently the offer of possession are not yet available. The complainants are, therefore, correct in their averment that delay is continuining and is indeterminate in the light of no offer of handing over of the flats by the Opposite Party.
Supreme Court - Daily Orders Cites 0 - Cited by 221 - Full Document

Developers Township Property Owners ... vs Jaiprakash Associates Limited on 2 May, 2016

In Developers Township Property Owners Welfare Society vs Jaiprakash Associates Ltd., (CC 1479 of 2015) it has been held by the NCDRC that in such a situation it was open to the OP to continue with the construction. From the contentions of the OP, it is apparent that it did proceed with the construction of apartments, hospital, school, golf course etc., all of which required construction inputs such as water and labour. At no time during the period of operation of the NGT's order did the OP stop demanding or accepting deposits from allottees, including the present complaints, some of whom are alleged to be defaulters in payments (no details of which have been provided by the OP). This contention of the OP cannot therefore sustain or be accepted.
National Consumer Disputes Redressal Cites 21 - Cited by 6 - Full Document

Pioneer Urban Land And Infrastructure ... vs Govindan Raghavan on 2 April, 2019

In the case of Pioneer Urban Land and Infrastructure Ltd., vs Govindan Raghavan and connected matter in CA no. 12238 of 2018 decided on 02.04.2019 - (2019) 5 SCC 705 the Hon'ble Apex Court laid down that one sided clauses are not binding on the complainants and constitute an unfair trade practice under section 2(r) of the Consumer Protection Act, 1986 [in the light of ruling of the Hon'ble Supreme Court in Kolkata West International City Pvt. Ltd., vs Devasis Rudra  (Supra) [II (2019) CPJ 29 (SC)]. It is not disputed that the occupation certificate and consequently the offer of possession are not yet available. The complainants are, therefore, correct in their averment that delay is continuining and is indeterminate in the light of no offer of handing over of the flats by the Opposite Party.
Supreme Court of India Cites 12 - Cited by 350 - I Malhotra - Full Document
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