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1 - 7 of 7 (0.33 seconds)Section 2 in The Consumer Protection Act, 1986 [Entire Act]
Wg. Cdr. Arifur Rahman Khan And Aleya ... vs Dlf Southern Homes Pvt. Ltd. (Now Known ... on 24 August, 2020
Arifur Rahman Khan ( supra ) "To uphold the contention of the Developer that the flat buyer is constrained by the terms of the agreed rate irrespective of the nature or extent of delay, would result in miscarriage of justice. Undoubtedly, as held in D.S. Dhanda (2020) 16 SCC 318, courts would ordinarily hold parties down to a contractual bargain. Equally, the courts cannot be oblivious to the one-sided nature of ABAs which are drafted by and to protect the interest of Developer....jurisdiction of the consumer forums to award just and fair compensation as an incident of its power to direct the removal of deficiency in service is not constrained by terms of a rate which is prescribed in an unfair bargain. "The word "Compensation" is of a very vide connotation. It may constitute actual loss or expected loss and may extend to compensation for physical, mental or even emotional suffering, insult or injury or loss. The provisions of CPA enable a consumer to claim and empower the commission to redress any injustice done". compensation in excess of that stipulated in the agreement- grantable, where the stipulated compensation is unreasonable, one-sided and unfair". "held, the court and the consumer forums must take a robust and common sense based approach by taking judicial notice of the fact that flat purchasers obtain loans and are required to pay EMIs to financial institutions for servicing their debt- thus the award of compensation has to be based on a finding or loss of injury and must corelate to it" further, clarifying the ruling in D.S. Dhanda (2020) 16 SCC 318, held "there is no absolute embargo on the award of compensation beyond the rate stipulated in the flat buyers agreement where handing over of the possession of a flat has been delayed".
Ireo Grace Realtech Pvt. Ltd. vs Abhishek Khanna on 11 January, 2021
In Abhisek Khanna ( supra), Hon'ble Supreme Court held "Given one-sided nature of ABAs, Consumer Fora had jurisdiction to award just and reasonable compensation as an incident of power to direct removal of deficiency in service".
M/S. Supertech Ltd. vs Rajni Goyal on 23 October, 2018
In Ireo Grace Realtech Pvt Ltd Vs. Abhisek Khanna and Ors (2021) 3 SCC 241 Hon'ble Supreme Court held "Developer is obligated to pay delay compensation for period of delay which has occurred from due date of handing over possession till date of offer of possession was made to the allottees".In Supertech Limited Vs. Rajni Goyal (2019) 17 SCC 681, where OC was obtained after the date of offer of possession, Hon'ble Supreme Court held that liability of builder to pay delay compensation will stop on the date of obtaining OC. Keeping in view these judgments of Hon'ble Supreme Court, in our considered view, in cases where possession is offered without a valid OC, builder is liable to pay the delay compensation and allottees are entitled to such compensation till the date of OC. In Pioneer Urban Land & Infrastructure Ltd. Vs. Govindan Raghvan(2019) 5 SCC 725, Hon'ble Supreme Court also observed that "a term of a contract will not be final and binding if it is shown that the flat purchasers had no option but to sign on the dotted line, on a contract framed by the builder ......... the incorporation of one sided clause in an agreement constitute an unfair trade practice as per Section 2 (r) of the Consumer Protection Act, 1986 since it adopts unfair methods or practices for the purpose of selling flats by the builder ........., the appellant-builder cannot seek to bind the respondent with such one sided contractual terms."
Pioneer Urban Land And Infrastructure ... vs Govindan Raghavan on 2 April, 2019
In Ireo Grace Realtech Pvt Ltd Vs. Abhisek Khanna and Ors (2021) 3 SCC 241 Hon'ble Supreme Court held "Developer is obligated to pay delay compensation for period of delay which has occurred from due date of handing over possession till date of offer of possession was made to the allottees".In Supertech Limited Vs. Rajni Goyal (2019) 17 SCC 681, where OC was obtained after the date of offer of possession, Hon'ble Supreme Court held that liability of builder to pay delay compensation will stop on the date of obtaining OC. Keeping in view these judgments of Hon'ble Supreme Court, in our considered view, in cases where possession is offered without a valid OC, builder is liable to pay the delay compensation and allottees are entitled to such compensation till the date of OC. In Pioneer Urban Land & Infrastructure Ltd. Vs. Govindan Raghvan(2019) 5 SCC 725, Hon'ble Supreme Court also observed that "a term of a contract will not be final and binding if it is shown that the flat purchasers had no option but to sign on the dotted line, on a contract framed by the builder ......... the incorporation of one sided clause in an agreement constitute an unfair trade practice as per Section 2 (r) of the Consumer Protection Act, 1986 since it adopts unfair methods or practices for the purpose of selling flats by the builder ........., the appellant-builder cannot seek to bind the respondent with such one sided contractual terms."
M/S. Sethi Housing (India) Pvt. Ltd. & 3 ... vs M/S. Jml Motors Pvt. Ltd. on 12 March, 2015
Independent technical report from Engineer/Architect is required in view of the judgment 2015 (2) CPR 99 "M/s Sethi Housing (India) Pvt. Ltd. and 3 Ors. Versus "M/s Jml Motors Pvt. Ltd." (supra). But the complainants have not led any independent evidence of any Engineer/Architect that the maintenance services provided by the Ops are not in order. Mere averments of the complainants are not sufficient because those averments has been rebutted by way of affidavit by the representative of the Ops absence of any specific evidence on the record, the order passed by the District Forum with regard to refund of the maintenance amount alongwith interest @ 9% is not justified, therefore order of the District Forum to that extent is ordered to be set-aside.
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