Suncity Builders Pvt Ltd Consumer Complaint wherein refund of amount was allowed for delay in possession. SUBHASH MALIK v. SUNCITY BUILDERS Pvt. LTD. A complaint was filed by the complainant, Subhash Malik, against the respondent, Suncity Buildcon Pvt. Ltd., to refund the amount paid by the complainant as the respondent had failed to make the … Read more
Omaxe Chandigarh Extension Complaint for Refund wherein refund was allowed for delay in possession. ALKA KHERA VS M/S OMAXE CHANDIGARH EXTENSION By stating the act and conduct of the opposite parties, under section 17 of the consumer Protection Act, 1986, it is said to amount to deficiency in providing service and adoption of unfair trade … Read more
AMAZING REAL ESTATE PVT LTD RERA Complaint wherein cancellation unit was under challenge by Builder. SAPNA V. M/S AMAZING REAL ESTATE PVT.LTD, 12th October, 2020 Today we are going to talk about the case of Sapna v. M/s Amazing Real Estate Pvt. Ltd, 12th October, 2020. The advocates for the complainant side was Shri. Varun … Read more
Future City Developers Punjab RERA Complaint wherein mutual settlement was arrived with complainants for removing deficiencies. JUDGEMENT SUMMARY SAURABH KHANNA V. M/S FUTURE CITY DEVELOPERS PVT. LTD, 26th June, 2020 Today we are going to talk about the case of Saurabh Khanna v. Future City Developers Pvt . ltd, 26th June, 2020. The advocates for … Read more
The post Gateway City PUDA Consumer Complaint Case covers compensation for delay in possession to complainant on said date as per BBA. NAVDEEP KAUR BOPARAI V. PUNJAB URBAN PLANNING & DEVELOPMENT AUTHORITY (PUDA) & ANOTHER, 19th March 2021 Judgment by J. Also Read- puda appeal dismissed by rera appellate tribunal punjab Facts- Dr. Navdeep Kaur … Read more
DIGVIJAY REAL ESTATE DEVELOPERS CONSUMER COMPLAINT wherein court allowed refund compensation for delay. VARUN SALWAN VS M/S DIGVIJAY REAL ESTATE AND OTHER The complainant had filed a case under Section 17 of the Consumer Protection Act, 1986, against the opposite parties before the State Consumer Disputed Redressal Commission, Punjab Chandigarh. COMPLAINANT: Varun Salwan S/o Sh. … Read more
COMMERCIAL PURPOSE NOT COVERED U/S 17(1) (a) (i), CONSUMER PROTECTION ACT, 1986 Judgement Digest: KUSUM KAPOOR V. M/S SPIRIT INFRASTRUCTURE PVT. LTD. Case Briefing: The present complaint is filed by the complainant under Section 17(1) (a) (i) of the Consumer Protection Act, 1986 (in short, the Act). The complainant entered into Memorandum of Understanding (in … Read more
SHAURYA TOWNSHIP PVT. LTD Consumer Complaint wherein the interest was awarded for delay in possession. RAVINDER SINGH V. SHAURYA TOWNSHIP PVT. LTD, 19th April, 2017 Today we are going to talk about the case of Ravinder Singh v. Shaurya Township Pvt. Ltd, 19th April, 2017. The advocates for the complainant side was Sh. H.S. Gharuan … Read more
Property dispute case wherein appointment of local commissioner was challenged before High Court Chandigarh. Review Petition under Art 227 Art 22 of Indian Constitution, empowers the High Courts to have superintendence over all courts and tribunals throughout the territories in relation to which it exercises jurisdiction, except a court formed under a law related to … Read more
This post is about Trinity Multi State Co-operative Credit Society Consumer Complaint where it failed to provide maturity amount. Unfair Trade Practices ( Daljeet Kumar Bansal v. Trinity Multi State Co-operative Credit Society) Through this analysis, the author will try to understand the Section 12 of the consumer protection Act. This analysis will provide an … Read more
Kim Infrastructure and Developers ltd. Consumer Complaint for unfair trade practice and deficiency in services. This post is a summary of judgment wherein the complainants stated that there is a deficiency and unfair trade practice on the part of the opposite parties, firstly by collecting investments from complainants without any approval of the scheme/plan from the … Read more
Nitishree Infrastructure Consumer Complaint for Delay wherein builder failed to deliver possession within stipulated time. CASE SUMMARY: In this case the Learned counsel for the complainants has vehemently contended that the complainants were allotted flat No. E-3/404, measuring 1565 sq. ft. for basic price of Rs.21,91,000/- and Flat Buyer’s Agreement Ex.C-3 was executed between the … Read more
The post talks about Primary Estates & Developers Pvt Ltd wherein builder failed to oblige mandate of Section 18 of RERA. Thus held liable to pay interest compensation for contravention. RELIEF CLAIMED U/S18 RERA, 2016 Also Read- CONSUMER COMPLAINT AGAINST PRIMARY ESTATES AND DEVELOPERS Judgement Digest: Sat Prakash Chauhan vs. M/s Primary Estates & Developers … Read more
This post covers SBP SHINESTAR Pvt. LTD Consumer Complaint judgment wherein the complaint got dismissed by the commission on ground of maintainability as complainant has filed complaints before other fora’s as well. In consumer law two parallel remedies cannot be availed for the same issue. NEERAJ SARMAI v. SBP SHINESTAR Pvt. LTD COMPLAINANT: Neeraj Sarmai … Read more
In this post we will discuss about Consumer Complaint against M/s Universal Infrastructures wherein the court ordered to obtain Completion Certificate and Occupancy Certificate in respect of the flat/project in question, to comply with the provisions of Section 17(2) of the Punjab Apartment Ownership Act, 1995 and provide registered maintenance society to the complainants within … Read more
In this post we will discuss about Consumer Complaint against M/S Country Colonisers Pvt. Ltd by the complainant under Section 17 of the Consumer Protection Act 1986. Where consumer had booked a flat in their said project by paying all the amount. And in return the Respondent No.1 promised to deliver the possession within 30 months … Read more
In this post we will discuss about consumer Complaint against Barnala Builders & Property Consultants wherein the court held that Special limitation periods have been prescribed under Consumer Protection Act, 1986, its Rules 1987 and its Regulations 2005 for speedy disposal of consumer disputes and it is seen that the complainant has not displayed reasonable diligence … Read more
In this post we will discuss about Consumer Complaint against Maya Garden City wherein the court ordered to deliver the possession of flat on payment of any balance payment if due according to the buyer’s agreement, pay penalty @ Rs. 5/- per sq. ft. of the super area from 16.6.2017 per month till the delivery … Read more
In this post we will discuss about Consumer Complaint against M/S WWICS Estate PVT. LTD wherein The complaint couldn’t be decided within the statutory period due to heavy pendency of court cases. Surindar Singh Vs. M/S WWICS Estate PVT. LTD. In this case, we will cover the property dispute between the consumer and the builder … Read more
In this post we will talk about the consumer complaint against M/S Regent Land Holdings PVT.LTD. The concern regulatory authority keeping the right and wrong of legal suit passed the order in favour of complaint. The respondent was unable to put forward any evidence, fact in support of delay in possession thus the forum ordered … Read more
In this post we will discuss about Consumer Complaint against M/S Geetu Construction Pvt. Ltd wherein the court ordered to refund ₹23,40,000/- to the complainants, along with interest at the rate of 12% per annum, to pay ₹2,00,000/-, as compensation for causing mental agony and harassment to the complainants and to pay₹20,000/-, as litigation expenses. … Read more
In this post we will discuss about Sahara India Pariwar Housing Unit SCDRC Appeal wherein The Appellants were directed to refund Rs.92,896/- to the Respondent No.1/complainant alongwith interest @ 18% p.a. instead of 24% p.a. from the respective dates of deposit till payment, within 60 days of its receipt, to pay an amount of Rs.25,000/- … Read more
In this post we will discuss about Consumer Complaint against Haryana Shahari Vikas Pradhikaran Huda wherein the court directed the respondent to pay compensation to the complainant equivalent to the amount of interest payable on the amount of sale consideration i.e. Rs. 1,02,50,000/- from 29.04.2015 to 21.06.2018 at the rate prescribed in Rule 15 of … Read more
In this post we will discuss about Consumer Complaint against Greater Mohali Area Development Authority wherein the complainant booked a residential plot in the project of the opposite party namely “IT City, GMADA” situated at IT City, SAS Nagar, Mohali, Punjab, by submitting the application form. However, the opposite party failed to deliver the possession within … Read more
In this post we will discuss about Consumer Complaint against Citi Center Developers wherein it was held that the complainant had purchased three units, for commercial purposes to earn profits. Therefore, he does not fall under the definition of the consumer as defined in the Act However, while dismissing the complaint as not maintainable, reserved … Read more
In this post we will discuss about Consumer Complaint against Dream Century Housing wherein consumer purchased a unit and the opposite party failed to deliver possession of the unit within the Stipulated Period. Then homebuyer is likely to apply for completion certificate within 6 months and thereafter shall be offering possession of the said unit. … Read more
In this post we will discuss about Punjab RERA complaint against RKM Housing Ltd. wherein PRERA after considering all the facts of the matter held that the complainant has undeniably a statutory right for obtaining interest for every month of delay from the respondent at the rate prescribed in Rule-15 of the RERA Rules, 2017. … Read more
Bringing you the case Digest on consumer complaint against Emmar MGF Land Ltd. in State Consumer Dispute Redressal Commission Punjab, Chandigarh. Wherein consumer purchased a unit and the opposite party failed to deliver possession of the unit within the Stipulated Period. Now let’s have the Judgment – Judgment Digest State Consumer Dispute Redressal Commission Dr. … Read more
In this post we will discuss about Consumer Complaint against Preet Land Promoters & Developers Pvt. Ltd wherein the court ordered to give physical possession of plot bearing No.403(A), measuring 250 sq. yards, Sector 86, S.A.S. Nagar, Mohali with developed roads, sewer, water and electricity lines etc. complete in all respects within a period of … Read more
In this post we will discuss about Consumer Complaint against Emaar Mgf Land Limited wherein the court ordered to deliver possession of the allotted corner plot along with all the promised facilities as per the FDI guidelines and ‘Completion Certificate’ and to pay the penalty at the rate of ₹50/- per square yard per month … Read more
In this post we will discuss about a Consumer Complaint against Motia Developers Pvt Ltd. wherein it was held that the Commission had no pecuniary jurisdiction as the value of goods i.e. flat was Rs.75,20,290/- and adding all the claimed amounts in prayer, it exceeded One Crore which comes under Pecuniary jurisdiction of National Commission. … Read more
In this post we will discuss about a Consumer case for refund against Gillco Developers and Builders wherein The concerned regulatory authority keeping the right and wrong of legal suit passed the order in favour of complaint .The respondent was unable to put forward any evidence ,fact ,in support of delay in possession ,working of … Read more
In this post we will discuss about Consumer complaint against Primary Estates & Developers wherein the opposition party were held liable and was directed to refund the amount of Rs.37,51,000/- to the complainant, alongwith interest @12% p.a. (simple) from the respective dates of deposit onwards, within a period of 30 days, from the date of receipt of … Read more
In this post we will discuss about RERA complaint against Manohar Infrastructure & Constructions wherein The authority held that the complainant is entitled to receive delayed compensation from the promoter which shall continue to be in her favor till the date of grant of an occupational certificate from the concerned department. The respondent shall hand … Read more
In this post we will discuss about a consumer case in which the state consumer redressal commission in its judgment directed a builder to pass the possession of the plot to an Australian couple with the allotment letter under the PAPRA Act. Consumer Protection Act, 1986, was enacted to safeguard the interest of the consumers … Read more
Complaint for Execution of RERA orders against Omaxe Pvt.Ltd Summary-In this post we will discuss about a complaint that has been filed by the complainant seeking execution of order dated 05.03.2019 passed by HARYANA REAL ESTATE REGULATORY AUTHORITY PANCHKULA COMPLAINT FOR THE EXECUTION OF THE ORDER passed by the HARYANA REAL ESTATE REGULATORY AUTHORITY PANCHKULA … Read more
DELAY IN PAYMENT TO BUILDER RERA CASE. Summary- In this post we will discuss about rights and duties of allottees and the procedure to file a case when there is a dispute for the breach of contract between the both the parties. Deciding Member and Authority Sanjeev Gupta… Member GCNo.10722018 PBRERA-SAS80-PR0277 Date of Decision: 01.04.2019 … Read more
In this post we will discuss about mutual settlement between parties and memorandum of settlement. Smt. Suman v. M/s Jagran Developer and Anr Complainant Smt. Suman Respondent M/s Jagran Developer In the present case, the complaint was disposed of, in the first hearing itself, through a final order from the concerned authority. The learned Counsel … Read more
In this post we will discuss about the most recent landmark judgment of The Hon’ble Supreme Court in which it held that even after taking the possession of Flat/Unit/house and doing conveyance deed later, the homebuyer/complainants are entitled for delay interest or compensation. It is a very rare chance that a consumer forum or state … Read more
In this post we will discuss about an alternate remedy which is available to home buyers under The Consumer Protection Act for delay in possession by the builder. CONSUMER PROTECTION ACT 1986 Today we are going to discuss the new Consumer Protection Act, 2019 came into force on 20th July 2020 and it will empower consumers and help them in … Read more
In this post we will discuss about Agreement to Sell under The RERA Act, 2016 and various compliances related to this agreement. Whether Agreement to Sell is to be registered as under RERA? Any contract for sale of an immovable property that provides that the sale takes place on terms that is settled between both … Read more
Builder not liable for compensation if delay is by Government Department. In this post we will discuss about the case of Ultratech developers wherein the buyer was granted interest for the period of delay but no compensation was awarded because the respondent was not responsible for delay. Rajat Chawla v. M/s Ultratech Township Developers Pvt. … Read more
Bureaucratic delays not an excuse for filing appeals beyond the period of limitation. In this post we will discuss about the law of limitation and whether government bodies can file a case beyond this period of limitation on the grounds of bureaucratic delay. Real Estate (Regulation and Development) Act (RERA) is an act passed by … Read more
In this post we will discuss about the quasi-retroactive application of the RERA ACT, 2016 and whether it is applicable when the transactions are still in the process even though the sale agreements had been executed before the Act came into force. Judgment Digest: Anjana Goyal and Another vs Sushma Buildtech Ltd. This recent judgment … Read more
Whether or not the agreement to sell should be registered or not answers this post. Though the RERA Act mentions the registration of agreement to sell but still there is void in Registration & Stamp Act which doesn’t spell out agreement to sell should be registered or not? So unless the central act is amended … Read more
On 13th December 2018, in a suit before the Haryana Real Estate Regulatory Authority (HRERA), Panchkula, seeking compensation for delayed possession of the property, The Adjudicating Officer, Anil Kumar Panwar,ruled in favour of the Complainant, thus,awarding him interest on the sales consideration at the rate prescribed in Rule 15 of The Haryana Real Estate (Regulation … Read more
This post is a case digest on Haryana RERA Panchkula Complaint against Samar Estates wherein the project was standstill and no longer near completion. Keeping in the interest of allottees the Haryana RERA Panchkula Authority order State Government and Town Country Planning and Department to see feasibility if they can take over the project and … Read more
Bringing you the case digest on Consumer Complaint against Jindal Realty (P) Limited Sonepat wherein consumer purchased the unit in Jindal Global City Sonepat Haryana and the possession of Villa got delayed. Then homebuyer sought refund of the amount from builder along with interest, compensation & litigation cost for mental pain and harassment. The case … Read more
This post covers RERA Punjab Complaint against ATS Estate Private Ltd before Adjudicating Officer wherein the refund of entire amount was allowed along with interest & further compensation for delay in possession on account of mental agony, pain and harassment. RERA Punjab Authorities are strict for builder for defying possessions timeline where customer suffers for … Read more
The GST was implemented on 1 July 2017 and has transformed the Indian economy with its ‘One Nation, OneMarket, One Tax’ principle, therefore bringing uniformity in taxation across the country. While the GST regime has simplified taxation of various goods and services, it has continued to be a roadblock in the growth of Real estate … Read more
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