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Consumer Law: Delay in Possession-Consumer Protection Act 1986

Consumer Law: Delay in Possession: Despite expiry of seven years after the allotment opposite party did not deliver possession of flat to the complainant and committed deficiency in service in a positive manner.

  • There is no provision under section 13(4) of Consumer Protection Act 1986 that version filed by opposite party would be treated as evidence of opposite party. It is held that version of opposite party is only pleadings of opposite party. It is held that pleadings of opposite party and evidence of opposite party under section 13(4) of Consumer Protection Act 1986 qua controversial facts are entirely two different concepts under Consumer Protection act 1986. Hence adverse inference is drawn against opposite party for not filing affidavit as per modes mentioned under section 13(4) of Consumer Protection Act 1986 relating to controversial facts.
  • Despite expiry of seven years after the allotment opposite party did not deliver possession of flat to the complainant and committed deficiency in service in a positive manner.
  • State Commission is of the opinion that reduction of cost of flat by opposite party would not exonerate opposite party from its liability to complete construction work by June 2011. It is held that unilaterally reducing costs of construction is not binding upon complainant.
  • opposite party could not take benefits of its own wrongs by way of forfeiting earnest money and other administrative charges.

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    Consumer Law: Delay in Possession - Feb -2018

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Banking Law-SARFAESI Act-DRT has power to decide application for restoration of SA, dismissed in default.

The issue involved in the present petition is as to: “Whether the Debts Recovery Tribunal has power to dismiss an application, filed under Section 17(1) of the Securitization & Reconstruction of Financial Assets & Enforcement of Security Interest Act, 2002, in default and further as to whether an application for restoration of application dismissed in default, is maintainable ?

The question is answered in positive. It is held that application for restoration of an application filed under Section 17(1) of the SARFAESI Act, which is dismissed in default, is maintainable for the Tribunal.

CWP_14283_2017_29_11_2017_FINAL_ORDER
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PIL – High Court took suo-moto cognizance in Amritsar school bus accident where 7 children were died. (CWP-21486-2016)

In the present PIL, the Hon’ble Punjab & Haryana High Court took suo-moto cognizance in Amritsar school bus accident where 7 children were died, after the letter was written by our client Sh. Ram Kumar who is a social activist.
He has raised his voice against the corruption by the government officials and has highlighted a number of scams. Now our PIL Expert Mr. Ferry Sofat Advocate is assisting the Hon’ble Punjab & Haryana High Court in the present Case on behalf of Sh. Ram Kumar …….

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Real Estate – Delayed Possession – Refund of amount with Interest

Five years have been lapsed, neither the possession has been delivered to the allottee/complainant nor basic amenities are proved. Opposite Parties were directed to return the original price of the plot to the complainant i.e. 7,92,000/- with interest @ 9% per annum from the date of last installment deposited by him i.e. 22.5.2014 till realization along with 30,000/- for mental harassment and agony and 5,000/- as litigation expenses.

Five years have been lapsed, neither the possession has been delivered to the allottee/complainant
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