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1 - 8 of 8 (0.78 seconds)Lucknow Development Authority vs M.K. Gupta on 5 November, 1993
In Lucknow Development Authority v. M.K. Gupta,2 this Court held that when a person hires the services of a builder, or a contractor, for the construction of a house or a flat, and the same is for a consideration, it is a "service" as defined by Section 2 (o) of the Consumer Protection Act, 1986. The inordinate delay in handing over possession of the flat clearly amounts to deficiency of service.
M/S. Fortune Infrastructure(Now Known ... vs Trevor D Lima on 5 September, 2018
In Fortune Infrastructure &Anr. v. Trevor D'Lima& Ors.,3 this Court held that a person cannot be made to wait indefinitely for possession of the flat allotted to him, and is entitled to seek refund of the amount paid by him, along with compensation.
Bangalore Development Authority vs Syndicate Bank on 17 May, 2007
In Bangalore Development Authority v. Syndicate Bank, a Coordinate Bench of this Court held that when possession of the allotted plot/flat/house is not delivered within the specified time, the allottee is entitled to a refund of the amount paid, with reasonable Interest thereon from the date of payment till the date of refund.
Ireo Grace Realtech Pvt. Ltd. vs Abhishek Khanna on 11 January, 2021
24. In Consumer Complaints Nos. CC/2038/2017 and CC/576/2018, the Complainants have prayed for possession of the Villas and have already taken the possession of the Villas on 21.01.2020. Respectfully following the principle laid down by the Hon'ble Supreme Court in its Judgment dated 11.01.2021 passed in "Ireo Grace Realtech Pvt. Ltd. vs. Abhishek Khanna & Ors." [Civil Appeal No. 5785 / 2019 & other connected Appeals]" in which it has been held that in case of delay in handing over the possession, the Developer is obligated to pay delay compensation, I am of the considered opinion that the OP Builder is liable to pay delay compensation to the Complainants in CC/2038/2017 and CC/576/2018, w.e.f. 31.12.2015 till the actual date of possession.
Section 21 in The Consumer Protection Act, 1986 [Entire Act]
Kolkata West International City Pvt Ltd vs Devasis Rudra on 25 March, 2019
23. In Consumer Complaints Nos. CC/2036/2017, CC/2037/2017, CC/2112/2017, CC/2117/2017, CC/2118/2017, CC/2119/2017, CC/2120/2017, CC/2121/2017, CC/2122/2017, CC/2153/2017, CC/2154/2017, CC/2155/2017, CC/3747/2017, CC/1682/2018 and CC/234/2019, the Complainants did not make a prayer for delivery of possession but sought refund of the amount paid by them to the OP Builder on account of the delay in offering possession of the allotted Villa to them. Respectfully following the principles laid down by the Hon'ble Supreme Court in Devasis Rudra (supra) and Pioneer Urban Land & Infrastructure Ltd. (supra), I am of the considered view that the Complainants in the above consumer complaints are entitled for refund of the entire deposited amount along with damages and compensation in the form of simple interest @9% p.a. from the respective date of deposit till the date of payment.
Section 21 in Consumer Protection Act, 2019 [Entire Act]
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