NCDRC_ failure to deliver possession gives rise to recurrent cause of action

NCDRC_ failure to deliver possession gives rise to recurrent cause of action


4.      The learned counsel for the opposite party states that the complaint is barred by limitation having filed in August, 2015.  However, there is no merit in the contention since the failure to deliver possession of the bungalow gave rise to recurrent cause of action to the complainant as was held by the Hon’ble Supreme Court in Meerut Development Authority Vs. M.K. Gupta, in SLP (C) CC No.8481 of 2012, decided on 09.5.2012.

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION

NEW DELHI

CONSUMER CASE NO. 683 OF 2015

1. SADHANA & 2 ORS. "MARK HAVEN" GROUND FLOOR, 12, APOLLO BUNDER, MUMBAI-400039, MAHARASHTRA	...........Complainant(s)
Versus
1. SAHARA PRIME CITY LIMITED & 9 ORS. (REP. BY AUTHRIZED SIGNATORY SHRI ANUJ KUMAR DWIVEDI) SAHARA INDIA CENTRE, 2, KAPOORTHALA COMPLEX, LUCKNOW-226024 2. KETUBH CITY HOMES MAU PRIVATE LIMITED (REP. BY ITS AUTHRIZED PERSON SHREE PANKAJ) SAHARA INDIA BHAWAN, 1, KAPOORTHALA COMPLEX, LUCKNOW-226024	...........Opp.Party(s)

Dated : 02 Jun 2017

NCDRC_common builder- buyer agreements_unconscionable contracts

NCDRC_common builder- buyer  agreements_unconscionable contracts



It is common parlance that, in the builder- buyer  agreements  the terms are framed as favorable and suitable  to the builders/ service providers.   In our view, these are unconscionable contracts. The builder exercise his  right to charge penalty or interest at 18-24% on the delayed payment of installments. Thus,  in our view, in the interest of natural justice the consumers at large deserve to receive same interest  from  opposite parties in cases of fault or deficiency.

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION

NEW DELHI

FIRST APPEAL NO. 374 OF 2015

(Against the Order dated 26/03/2015 in Complaint No. 25/2007 of the State Commission Uttar Pradesh)

1. SHEO PRAKASH GUPTA & ANR. S/O. LATE NANNHE LAL GUPTA, DIRECTOR OF M/S. SANSKRITI REAL, ESTATE PRIVATE LIMITED, R/O. 117/H-2/110, PANDU NAGAR KANPUR UTTAR PRADESH 2. SHRI SANJAY GUPTA S/O. RADHEY SHYAM GUPTA, DIRECTOR OF M/S. SANSKRITI REAL, ESTATE PRIVATE LIMITED, R/O. 117/H-2/110, PANDU NAGAR, KANPUR UTTAR PRADESH	...........Appellant(s)
Versus
1. KANPUR DEVELOPMENT AUTHORITY THROUGH ITS CHAIRMAN, MOTIJHEEL, KANPUR, UTTAR PRADESH Dated : 12 Jun 2017	...........Respondent(s)