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 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
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 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
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
In this case, we will cover and give an overview of the case Mahindra Holidays & Resorts vs Deepak Kumar Verma and it will give you a brief yet precise outline regarding all the major facts and issues involved in this particular case which basically revolves around claiming, transfer of property under Consumer Protection Act, … 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
This post covers judgment of Haryana RERA Panchkula Complaint against TDI Infrastructure wherein complainant sought refund of money from the project along with interest and delay compensation on account of non-timely delivery of possession. The relief of refund of relief was not accepted but interest of account of delay was awarded to the complainant. This … Read more
This post is a judgment digest of Haryana RERA Panchkula Complaint Ultratech Township Developers Pvt Ltd which was dismissed by Adjudcating Officer (AO) Panchkula since the matters stands finalized by RERA Authority and no appeal was preferred. Thus the court decided the same matter cannot be reopened again by applicant at this point of time. … Read more
Basic overview of the Article. This article is basically written for the remedies which a Homebuyers have when there rights are violated. Earlier homebuyers were facing a lot of problems relating to the purchase of the properties from builders or developers. There were trapped in the burden of interest in a hope of buying home … Read more
Real Estate Regulation Act, 2016 Punjab Haryana Chandigarh Brief Real Estate Regulation Act was passed by the Parliament in the year 2016, but was implemented in the year 2017. This act comprises of 92 sections. RERA is also know as Real Estate (Regulation and Development) Act. This act was basically brought into force to protect … Read more
In this post, we bring you a judgment digest of a case of Punjab RERA Complaint against Country Colonizers Private Limited for delay in possession and interest on the delay period as per RERA terms before Real Estate Regulatory Authority Punjab (Form M). This would give fair idea to complainants before making their complaints before … Read more
A complaint was filed by a husband and wife against the MD of Credo Assets in the Project SBP City of Dreams, Landran-Kharar Highway, of Sector 116 of Mohali. Both the complaints and builders had full intentions of fulfilling the terms of their agreement but something went miserably wrong and Order from the Punjab Real … Read more
POWERS OF ADJUDICATING OFFICER IN RERA Due to the rapid growth of the Indian economy and the continuous migration of people from rural to urban areas, the need of housing increased at a rapid pace. This shift had a positive effect on the Real Estate sector, and with the continuous growth in the real estate … Read more
There are many instances where Builders unilaterally cancel the allotment of unit and forfeit the money of home buyer. The said practise of Builders has been done to cover up delay in possession and then they except home buyers to continue paying future payments. Haryana Real Estate Regulatory Authority, Gurugram in notification dated 05.12.2018 clearly … Read more
Here in this post, we will cover quick facts about Haryana RERA Panchkula Authority and Punjab RERA Authority at Chandigarh. Both these authorities are working stead fast to solve the problems of homebuyers in the region be it delay in possession, use of poor construction material, cancellation of unit, non-settlement of account books, lack of … Read more
In this post we are going to discuss the most recent consumer complaint decided against the builder namely Singla Builders & Promoters (SBP) decided on 10.04.2018 by State Consumer Disputes Redressal Commission (SCDRC) Chandigarh Here is a particular case where consumer preferred consumer complaint against SBP whose facts are shared below: Party Name – Usha … Read more
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