1

Consumer Protection Digest

on
Housing and Urban Laws
Actual period interest Petitioner is liable to pay actual period interest demanded for allotment in
new scheme floated by DDA much before petitioner application Complainant liable to pay API (Actual period
interest) - 2!(2) CPC "2 #$C$
Abuse of process of law - Complainant concealin% the fact of Ci&il liti%ation - Approach to consumer 'orum
is ob&iously abuse of process of law on the part of complainant - 1!!((1) CPC )2* Pb$
Additional compensation - Payment of additional compensation in the absence of a plea is un+ustified -
Anshumali Arora & Ramesh Gupta &$ Aarohi Builders (P) Ltd., 22(2) CPC (* #$C$
Additional payment - #o information %i&en to allottee about demand of additional payment - Interest for
delay of payment not +ustified - 1!!((1) CPC *!" ,r$
Additional price of plot - Demand of additional price of plot by P-DA without reason is ille%al and amounts
to deficient ser&ice - 22(2) CPC 2.! Chd$
--Demand of additional sum for allotted price as per terms of brochure and demand of petty amount for
delayed installment is not ille%al 21(1) CPC * -$P$
/0nce allottee has accepted letter of allotment sub+ect to terms of allotment - 1ubse2uently he cannot say that
demand of additional price is ille%al -2((2) CPC 1.3 ,r$
Additional remedy - Appeal a%ainst award of an arbitrator not maintainable before Consumer 'ora - Pro&ision
of 1ection . of C$P$ Act cannot be in&o4ed - 2((2) CPC *"1 #$C$
--Complaint under CP Act is maintainable in &iew of 1ec$ . of the Act e&en after dismissal of appeal by the
Administrator5 ,-DA in a case of allotment - 2!(2) CPC )"3 #$C$
--6emedy u7s . of the Act is an additional remedy and not barred by Cooperati&e 1ocieties Act - 23(2) CPC .3.
#$C$
--6epresentation about allotment and basic amenities dismissed by Chief Administrator as well as Ad&isor to Chief
Administrator Appeal7re&ision is not maintainable before #ational Commission under CP Act 21(1) CPC 2 #$C$
Adequate compensation A sum of 6s$ .22 was initially deposited for allotment in 1!() Complaint filed
in the year 1!!3 a%ainst non allotment Compensation of 6s$ 15(*5 as mar4et price of plot not +ustified 8otal sum of
6s$ 2* held to be ade2uate compensation - 21(.) CPC *1 #$C$
Advertisement - 8erms %i&en in ad&ertisement in newspaper re%ardin% forfeiture of deposits or cancellation of
plot are not final - Parties should act as per terms of brochure - 2"(1) CPC "(3 #$C$
Ad interim stay - 1tate Commission %ranted ad interim stay passin% an e9 parte order in the case of allotment -
Interference in re&ision unwarranted but Commission was directed to decide the matter e9peditiously - 23(.) CPC .3
#$C$
Adjustment of ecess amount - Payment made for . s2$ yds$ but area of 1*2 s2$ yds$ was allotted 'ora
below ri%htly directed to refund e9cess amount by ma4in% ad+ustment of deposits for 1*2 s2$ yds$ 0rder upheld
21(2) CPC (1* #$C$
Agreement - Allotted flat unsafe for human habitation and possession not deli&ered despite full payment - 0$P$
directed to pay *5*25 with 13: interest or to pro&ide alternati&e premises - 2((2) CPC *!) #$C$
--Possession not deli&ered Area reduced by 0P 'orum directed to pay compensation of 6s$ 2 lacs with 21:
interest Compensation set aside in appeal As per a%reement5 0P liable to pay interest ; !: p$a$ instead of 21: p$a$
211(1) CPC !. #$C$
Agreement clause - A clause in a%reement barrin% the remedy of relief not bindin% upon the complainant -
1!!((2) CPC .3" #$C$
Allotment --
2
--2*: of price deposited - Delay of "-172 years in deli&ery of possession - Chan%e of site without notice -
Authorities directed to pay 13: interest on deposit alon% with 6s$ "5 - 1!!!(1) CPC 2) Chd$
/A person ma4in% payment for allotment of a plot is co&ered under the Consumer Act as a <potential user= -
1!!*(1) CPC "( #$C$
/A sum of 6s$ 25( deposited in 1!(. and 6s$ *35)* in 1!!* for allotment of residential plot - Plot not allotted -
Complainant entitled to allotment of plot at the rate of ori%inal price i$e$ 6s$ 15" per s2uare yard - 1!!3(2) CPC *"!
Chd$
--A sum of 6s$ .22 was initially deposited for allotment in 1!() Complaint filed in the year 1!!3 a%ainst
non allotment Compensation of 6s$ 15(*5 as mar4et price of plot not +ustified 8otal sum of 6s$ 2* held
to be ade2uate compensation - 21(.) CPC *1 #$C$
/A wron% allotment made due to mista4e of computer - Complainant duly compensated by enhanced compensation
of 6s$ (5 - Cancellation of allotment +ustified - 2((2) CPC *(2 #$C$
--Abandonment of allotment scheme after * years - Authorities directed to refund deposits with 1: interest -
22(1) CPC )3 Chd$
/Acti&ities of ,ousin% >oard in the matters of allotment of plots and in renderin% the ser&ices in such matter5 are
%o&erned by the Consumer Act - 1!!2 CPC 112 Chd$
/Additional price char%ed from allottee as e9cess area was %i&en in allotment - Case of char%in% of e9cess price not
pro&ed - 1!!)(1) CPC .21 #$C$
--After deposit of 6s$ 25(*5 as earnest money for allotment5 scheme was withdrawn Appellant P-DA
directed to pay interest amount of 6s$ 1"5. with cost of 6s$ 2* 21(1) CPC .3 Pb$
/After necessary amount was deposited for flat allotment - 0P abandoned the scheme - 0P directed to refund
deposits with 1: interest - 23(1) CPC )1 #$C$
--Alle%ation of non de&elopment of area and plot under encroachment was found without any basis as per report of
?ocal Commissioner - 6elief %i&en by 'orum set aside - 2((1) CPC 1) ,r$
/Allotment after completin% all formalities became final - Cancellation of allotment under new policy not +ustified
- 21(1) CPC )." 1$C$
/Allotment authorities cannot chan%e conditions of allotment to detriment of allottee at belated sta%e on flimsy
%rounds - 23(1) CPC .(* #$C$
/Allotment authorities cannot compel a person to accept allotment of alternati&e plot - 6efund with interest allowed
- 1!!!(2) CPC "!. -$P$
/Allotment authority delayed deli&ery of possession without reasons - Directed to pay 12: for delayed period -
21(1) CPC 23) Delhi
/Allotment authority delayin% deli&ery of possession of house without +ust cause - Directed to pay 13: interest on
deposited amount - 21(1) CPC )"3 -$P$
/Allotment authority offered deli&ery of possession to allottee who himself faulted by not comin% forward Interest
on delayed installments cannot be remitted by raisin% a plea of delayed possession 211(1) CPC )(* Pb$
/Allotment authority refused to e9ecute re%istration of deed after deli&ery of possession of allotted plot - Directed
to e9ecute the deed and pay 6s$ ! as compensation - 2.(2) CPC *!) #$C$
/Allotment authority5 failed to allot alternati&e plot e&en after a%reement - ,eld liable to compensate the
complainant - 2(1) CPC 11 @$P$
/Allotment in Asecond cate%oryB assured thou%h by mista4e - Allotment to be made as per underta4in% - 1!!!(2)
CPC *(( #$C$
--Allotment made by ,ousin% >oard to 2.* members of the respondent7society 1ociety introduced ) new members
which delayed the allotment of additional land ,ousin% >oard not liable for delay in allotment which was caused by
1ociety itself - 2!(2) CPC .! #$C$
--Allotment made by Impro&ement 8rust - 8rust cannot escape its liability by mere assertion that allottee is a
member of Co-operati&e 1ociety - 1!!3(2) CPC ".! Pb$
/Allotment made on Aas is where isB basis - Installment cannot be stopped by raisin% alle%ation of encroachment or
lac4 of facilities - 23(1) CPC .)! #$C$
/Allotment made under Displaced Persons Act5 1!*" - Complaint a%ainst non deli&ery of possession not
maintainable under C$P$ Act - 2*(2) CPC "(. ,r$
--Allotment not accepted due to internal problem - Authorities entitled to forfeit earnest money - >ut undue delay in
refund of deposits constitutes a deficiency in ser&ice - 2((2) CPC ).! #$C$
/Allotment of booth assured to be a corner booth which found not correct 0P directed to pay compensation of 6s$
.
* lacs with cost of 6s$ 157- for committin% unfair trade practice and act of cheatin% 211(1) CPC *2 Pb$
/Allotment of commercial flat to complainantBs husband is no bar to allotment of residential flat to her - 1!!((2)
CPC *). Chd$
--Allotment of house under ,ire Purchaser A%reement Allottees are consumers under CP Act 21(1) CPC 2!*
,r$
/Allotment of plot at tentati&e price - Cnhance price not paid - Allotment Authority not at fault for non-deli&ery of
possession - 22(1) CPC ). Chd$
--Allotment of plot at tentati&e price of 6s$ 3 - 1ubse2uent demand of 6s$ 13 as price of plot by
De&elopment Authority is un+ustified - 21(.) CPC .* ,$P$
--Allotment of plot confirmed by 1tate Commission by passin% a +ust and reasonable 0rder 0rder upheld in
re&ision 21(1) CPC .(3 #$C$
/Allotment of plot in lowlyin% area constitutes a deficient ser&ice - 1!!((2) CPC "!1 #$C$
/Allotment of plot in Daishali 1cheme instead of Indrapuram 1cheme - Char%in% of 6s$ 215 as transfer char%es
not +ustified - 22(1) CPC .)* #$C$
/Allotment of plot made but permission to raise construction not %ranted - Allotment of alternati&e plot made - 1till
compensation allowed to complainant - 2*(1) CPC ".) #$C$
--Allotment of plot made durin% pendency of consumer proceedin%s Appeal became infructuous
Dismissal of appeal upheld - 21(.) CPC .* #$C$
--Allotment of residential plot sub+ect to condition that allottee was ownin% industrial unit in the area Condition
not fulfilled Cancellation of allotment upheld - 2!(2) CPC *(2 -$P$
/Allotment of tenement on preferential basis decided with help of computer - 0pposite party not liable for
deficiency in ser&ice - 2(2) CPC )32 @aha$
/Allotment 1cheme withdrawn by P$-$D$A$ after ha&in% recei&ed earnest money from many applicants - P$-$D$A$
directed to refund the deposits with !: interest per annum - 2*(1) CPC ")( Pb$
/Allotment was cancelled by ,i%h Court - Amount detained for 2 years complainant held entitled to refund of
deposit with 1*: interest - 1!!*(1) CPC ".* Delhi
/Allotted houses sold to Eo&ernment-Authorities held liable for delayin% deli&ery of possession - 1!!)(2) CPC *!(
#$C$
--Allottee cannot be allowed to stop payment of installment5 interest or penalty by ta4in% the plea that necessary
amenities ha&e not been pro&ided in the area 2!(1) CPC *!! ,r$
--Allottee cannot be forced to accept bi%%er plot on hi%her price a%ainst his will - 1!!((1) CPC *3* ,r$
/Allottee cannot be forced to ha&e a plot in another colony by ,ousin% 1ociety - 1!!*(1) CPC 2!* Delhi
/Allottee deposited 2*: of total price of plot - 1urrendered plot before its instalment became due - Authorities
directed to refund price after deductin% 1: of price with 13: interest - 2(2) CPC ") Chd$
--Allottee depri&ed of e9emption due to delay in re%istration of sale deed of house - 0pposite Party->oard directed
to pay for stamp on e9ecution of sale deed - 2*(1) CPC *) @$P$
/Allottee held entitled to be %i&en an alternati&e plot if no preferential plot was a&ailable in the ad+oinin% area -
1!!*(2) CPC 2*2 ,r$
/Allottee herself at fault as full plot price was not paid - Cannot claim deli&ery of possession without clearin% dues
- 2(1) CPC 12* Chd$
/Allottee is liable to pay interest on balance amount with effect from date of deli&ery of possession - 1!!!(2) CPC
12* ,r$
/Allottee is not informed about time for balance amount - 2*: deduction from refund of amount not +ustified -
1!!"(2) CPC *2. -$P$
/Allottee ma4in% default in payment of (*: of balance price of plot - Claim of hu%e compensation for non
de&elopment of area not acceptable - 1!!((1) CPC .)* Chd$
/Allottee ma4in% default in payment of instalments despite repeated demands - Cancellation of allotment and
forfeiture of earnest money upheld - 21(1) CPC )2 Delhi
/Allottee ma4in% repeated fault in payment of instalments - ,eld not entitled to compensation from ,ousin% >oard
- 1!!!(2) CPC **. Chd$
/Allottee not pro&ided amenity of electricity supply - Authorities directed to pay 6s$ 115 to allottee - 1!!3(1)
CPC 2!2 -$P$
/Allottee of plot did not pay the installments on due date5 he cannot claim interest on refund of his
deposited amount - 21(2) CPC 1( #$C$
"
/Allottee refused to pay @unicipal Corporation Fater char%es - >uilder not liable for non supply of water for flats
- 2*(1) CPC *". #C
/Allottee transferrin% flat to .rd person in &iolation of terms of allotment - #ot entitled to relief of refund of deposit
- 21(2) CPC .)* #$C$
/Allottee transferrin% plot to another person a%ainst terms of allotment - #ot entitled to relief for delay in deli&ery
of possession - 2(1) CPC 112 Chd$
--Alternati&e plot allotted to complainant after he surrendered the earlier one - EDA is entitled to %et pre&ailin% price
of second plot without payment of interest on deposited amount 2!(1) CPC (1! 1$C$
--Amenities as ad&ertised not pro&ided in the area - 0P directed refund deposited amount with !: p$a$ interest and
costs - 2.(1) CPC "( Chd$
/Amount accepted for allotment of ?$I$E$ house - 0ffer of house of lower 2uality by ,ousin% >oard is a deficiency
in ser&ice - 1!!)(1) CPC )"( #$C$
--Amount due was 6s$ 15222 which was wron%ly calculated as 6s$ !5(.( - Imposition of penalty for non payment
2uashed - 2*(1) CPC )23 Delhi
--Amount paid by che2ue Plot not allotted 1old to other persons Complainant entitled to
compensation of 6s$ 1 lacs and refund of the amount deposited with 1: p$a$ interest with cost Complaint
partly allowed - 21(.) CPC *12 #$C$
/An allottee is not bound by &a%ue conditions laid down in letter of allotment - 1!!!(1) CPC .". Pb$
/An applicant who has paid the price of flat in consumer under C$ P$ Act - Complaint maintainable - 2*(2) CPC
23) Chd$
/An oustee is entitled to allotment if permitted by 1cheme in force at the time of ac2uisition - 2*(2) CPC " Pb$
/An unsuccessful applicant in draw of lots does not become a consumer by mere applyin% for allotment of plot
-1!!3(2) CPC 1 Pb$ G ,r$ ,i%h Court
/Appeal a%ainst 0rder of allotment dismissed by 1tate Commission 0rder was e9ecuted Interference
in the order declined by #ational Commission - 21(2) CPC 1.) #$C$
/Appellant Corporation failed to refund earnest money - #or plot was allotted - 6efund with 13: interest +ustified
- 2.(1) CPC 1.1 Pb$
--Appellant deposited re2uisite price of plot allotted in name of deceased without disclosin% that she was already
dead Appellant not entitled to allotment for not comin% to authorities with clean hands 2!(.) CPC .(2 Pb$
/Appellant %ot her plot cancelled - 6espondent usin% the deposit for lon% is liable to pay 1*: interest on the
deposit to appellant - 1!!. CPC (.. Pb$
/Appellant was directed to ma4e payment in 'orei%n currency upto @ay5 2) - C9tension of time sou%ht in
'ebruary 2( ri%htly declined - 23(1) CPC ..! #$C$
/Appellant70P offered to ma4e allotment in tower * instead in tower ! on the same price which was a reasonable
offer but not accepted by the respondent Appellant directed to refund deposits without interest 211(1) CPC ")) #$C$
/Applicant found ineli%ible for allotment - Che2ue issued for refund returned due to wron% address - ,ousin%
>oard not to pay interest on deposits - 1!!3(2) CPC 1!) ,r$
/Applicant ownin% no house at the time of allotment - 1ubse2uent purchase of house no %round for cancellation of
allotment - 1!!!(1) CPC "3. Chd$
/Application for allotment in &iolation of terms of allotment - 6efund after deductin% 1: of deposits is +ustified -
2.(2) CPC )(3 Chd$
/Application for allotment of house in &iolation of 6ules - Cancellation of allotment by ,ousin% >oard +ustified -
1!!!(1) CPC )3 Chd$
/Application for allotment under <1i4h @i%rant= cate%ory - Deposit returned after chan%e in policy - Complainant
not entitled to allotment as of ri%ht - 1!!!(1) CPC )*" Chd$
/Area of plot allotted to complainant found to be short by !2$* s2$ yards - Allotment Authority directed to
compensate the complainant by payment of difference in area -21(2) CPC 2*1 Pb$
--Authorities refunded price of plot5 in stead of ma4in% allotment5 after 12 years - Directed to refund the amount
with 13: interest - 21(1) CPC *)! Pb$
--Award of 13: in housin% ser&ices cases cannot be %ranted - It depends upon facts of each and e&ery case - 12:
interest held +ustified - 2"(2) CPC )*! 1$C
/Award of 13: interest in cases of housin% ser&ice cannot be %ranted in e&ery case - 1: interest upheld - 2"(2)
CPC )*) 1$C$
*
/Awardin% of interest at the rate of 13: on the amount deposited for allotment of plot cannot be sustained in &iew
of recent +ud%ment of Ape9 Court in a similar matter - 1!!3(2) CPC *(3 ,r$
/>alance amount with interest accepted after e9piry of time Cancellation of allotment by DDA ille%al - 21(1)
CPC ).) 1$C$
/>uilder could not complete construction within a%reed time due to liti%ation re%ardin% the house
>uilder was directed to complete the construction and deli&er possession 0rder 2ua payment of interest
2uashed - 21(2) CPC 133 -$P$
/>uilder failed to deli&er possession of flat within stipulated period - Directed to refund total amount with !:
interest p$a$ - 1!!3(2) CPC .) Eoa
/>uilders failed to construct the apartment within stipulated period - ,eld liable for deficient ser&ice - 1!!*(1)
CPC )(" #$C$
-->uilders refused to e9ecute re%istration of plot thou%h complainant had a%reed to pay the balance amount 0P
directed to pay compensation with 12: p$a$ interest 2!(.) CPC ))* #$C$
/Cancellation char%es - 1cheme could not ta4e off for se&eral years - 'ault lies with DDA - Deduction of char%es
un+ustified - 6efund with interest and cost directed - 23(.) CPC * #$C
/Cancellation of allotment due to concealment of earlier allotment held to be +ustified - 21(1) CPC )" A$P$
/Cancellation of allotment of house due to &iolation of 6e%ulation - >oard is liable to refund after deductin% 1:
of deposited amount - 2"(1) CPC "1. #$C$
/Cancellation of plot not open to challen%e when complainant himself is at fault - 2.(2) CPC 21( Chd$
--Case remanded to ,-DA for necessary relief - >ut Cstate 0fficer dismissed the claim Case remitted to Chairman
,-DA to %rant relief in accordance with law with due consideration 2!(1) CPC (! 1$C$
/Cause of action accrued in 1!3 relatin% to refund of house price - complaint filed in 1!!( re%ardin% allotment
held to be time barred - 22(2) CPC ))3 #$C$
/Chan%e in allotment 1cheme without allotteeBs consent - Authorities held liable for deficient ser&ice - 2(1)
CPC 2" -$P$
/Chan%e of land to inferior 2uality by promoter is a deficiency in ser&ice - 1!!)(1) CPC .!( #$C$
/Compensation - Complainant herself withdrawin% her application for allotment - #ot entitled to compensation
e9cept refund of deposits with ): interest -1!!2 CPC *13 Herala
--Complainant accepted allotment of bi%%er plot with additional price - 0P not liable for deficiency - 22(2) CPC
.*3 Chd$
/Complainant allotted non-e9istent site - 0pposite party directed to allot alternati&e site - 1!!1 CPC )). Har$
/Complainant allottee depri&ed of a part of land despite payment of its price - ,ousin% >oard directed to pay 1:
interest on the price - 21(1) CPC 2.* -$P$
/Complainant allottee suffered hu%e loss due to none9ecution of re%istration deed by opp$ party - C9ecution of sale
deed is part and parcel of a%reement - Complainant deser&es relief - Case remanded - 1!!!(1) CPC .*) @$P$
--Complainant applied for allotment of DI but was 4ept in waitin% list After DI became a&ailable
complainant is entitled to allotment on ori%inal terms of allotment and not an enhanced rate - 21(.) CPC *)"
#$C$
/Complainant carryin% on business of her husband after death of her husband - 1he is entitled to refund of with
interest deposited for allotment of plot - 23(1) CPC *2" #$C$
/Complainant ceased to be a member of ,ousin% Cooperati&e 1ociety 8hou%h5 a sum of 6s$ .!5 was
deposited with the society ,e raised the demand for allotment after 2 years when price of real estate was on
hi%her side Allotment Allotment ri%htly declined 0nly interest and compensation is payable to the
complainant - 21(2) CPC .". #$C$
/Complainant consented to alternati&e plot under compulsion - ,-DA %uilty of deficient ser&ice - HUDA, 1!!((1)
CPC "!" ,r$
/Complainant could not be allotted a plot bi%%er than * s2$ yard due to non a&ailability of bi%%er plot in the area
- Complainant not entitled to any relief -2(1) CPC *") Pb$
/Complainant could not be %i&en possession of commercial plot as hu%e tree was standin% on site - Authorities
directed to pay 13: interest on deposits - 1!!!(1) CPC "3* Chd$
/Complainant demanded cancellation of allotment before allotment - Authorities cannot refuse to refund the
deposits - 22(1) CPC 2". Pb$
/Complainant demanded refund of amount paid for allotment of plot - 6efund after 1: deduction +ustified
-21(2) CPC !! Chd$
)
--Complainant deposited *: amount with 0P but possession was not deli&ered as alle%ed 0P had sent two letters
offerin% deli&ery of possession 0P cannot char%e penal interest on balance amount as ma+or amount remained with 0P -
2!(2) CPC .32 -$P$
/Complainant deposited 6s$ 15 with P-DA but remained unsuccessful in draw of lots - P-DA directed to
refund 6s$ 15 with 1*: interest - 22(2) CPC *2 Chd$
/Complainant deposited 6s$ 13* for ,-DA plot but remained unsuccessful in draw of lots - ,-DA directed to
refund deposited amount with 12: interest and costs - 22(2) CPC 2*1 Chd$
--Complainant depri&ed of deposited amount with DDA DDA held liable to pay interest on the amount with 1:
interest - 2!(2) CPC 23) #$C$
/Complainant did not deposit installment towards cost price as de&elopment wor4 on site had not ta4en
place Claimed relief not entitled 6efund of re%istration amount i$e$ 6s$ "*5 with !: p$a$ interest allowed
- 21(2) CPC *!! #$C$
/Complainant directed to redeposit the money by 1tate Commission 0rder not complied with
Appellant cannot claim to be entitled for allotment of plot - 21(2) CPC 1)) #$C$
/Complainant entitled to allotment as an oustee under 1cheme - 8rust directed to allot plot to complainant -
1!!3(2) CPC 13( Pb$
/Complainant failed to comply with order of allotment made by arbitrator appointed on his own re2uest - #o relief
can be %ranted to complainant - 2((2) CPC *"1 #$C$
--Complainant failed to deposit e&en seed money for three years despite repeated reminders Cancellation of
allotment upheld ,owe&er5 deposited amount refunded with interest 2!(.) CPC 22. #$C$
--Complainant failed to pay balance installments under scheme of allotment started in 1!! Complaint
filed in 2( is hopelessly time barred - 21(.) CPC *32 #$C$
--Complainant failed to pay basic amount for allotment 6etainin% the balance installments with alle%ation of
demand of e9cessi&e rate of interest is not permissible Cancellation of plot allotment upheld 21(1) CPC *)! #$C$
--Complainant had constructed a one Hanal house plot in the &icinity - #ot entitled to allotment of another plot-
1!!((1) CPC 1!3 Chd$
/Complainant not allotted any plot despite payment - Allotment authority directed to refund the deposit with 12:
interest -2.(2) CPC *!( #$C$
/Complainant not found eli%ible for allotment - Could not be deli&ered possession of allotted plot - 2(1) CPC
**( Pb$
/Complainant not raisin% any ob+ection about siJe of shop at the time of allotment - #ot entitled to any relief under
the Act - 1!!1 CPC ! Delhi
--Complainant refused allotment of plot at reser&ed price of 6s$ 133*7- which was re&ised at 6s$ 237- per s2$ yd$
0rder of 1tate Commission directin% authorities to consider case of allotment at re&ised rate upheld 2!(.) CPC .3
#$C$
--Complainant remained unsuccessful in two draw of lots for allotment of house Deposited amount refunded by
P-DA Complainant not entitled to allotment of house 2!(1) CPC )(. #$C$
/Complainant sold his plot allotted under %eneral cate%ory - Allotment of another plot under CmployeeBs 2uota is
ille%al - 2(2) CPC 1". ,r$
/Complainant was allotted a plot in colony AAB - ,is land was ac2uired for colony A>B - Complainant not entitled to
claim any concession in allotment as a ADisplaced personB - 2(1) CPC 1* Pb$
/Complainant was compelled to accept * s2uare yards instead of 1 12$ yds$ by delayin% tactics in deli&ery of
possession - 6espondent held liable for adoptin% unfair trade practice - 1!!((1) CPC *( #$C$
/Complainant was not allotted industrial plot despite recommendation by Industrial Department - Authorities
directed to allot the plot to complainant - 1!!3(2) CPC "3 Pb$
/Complainant was unable to use the allotted plot under liti%ation - De&elopment >oard had already intimated to
complainant in this re%ard - Compensation of 6s$ . lacs reduced to 6s$ 1 lac only - 2((2) CPC *" 1$C$
/Complainant7respondent was allotted plot before allotment made to her husband - 8he condition that two
members of family cannot be allotted plots held not applicable in the case - 1!!((2) CPC .1) Pb$
/ComplainantBs house was reallotted to another person as he had failed to comply with the necessary conditions -
,ousin% >oard not liable for deficient ser&ice - 1!!)(2) CPC 2* Chd$
/ComplainantBs house wron%ly allotted to third person - De&elopment Authority directed to refund the deposits
with 2: interest and 6s$ .5 as compensation - 1!!*(1) CPC 131 #$C$
/ComplainantBs land was ac2uired under 1!(* 6ules - Cnforcement of 1!3. 6ules cannot be applied in the case -
Allotment as per 1!(* 6ules +ustified - 21(2) CPC .)) #$C$
(
/ComplainantBs name was not included in list of draw of lots thou%h he had cleared all the dues - Inclusion of name
ordered with 13: interest on the amount - 1!!)(1) CPC .3 #$C$
--ComplainantBs payment of se&en installments amountin% to 6s$ 1352* was not credited to his account by ,ousin%
>oard - >oard directed to ad+ust the amount and pay cost and compensation of 6s$ "5 - 2)(1) CPC *." Chd$
--Complainant-allottee chan%in% her mind about allotment from time to time - #ot entitled to any relief for delay in
deli&ery of possession - 1!!"(2) CPC "3) @$P$
--Complainants purchased . plots in open auction 8hey cannot be %ranted relief in payment of balance installment
for non pro&idin% essential facilities - 2!(2) CPC *. Pb$
/Complaint filed without producin% power of attorney of allottee - Complaint not maintainable -2(1) CPC 121
Chd$
/Complaint not maintainable before a letter of allotment is issued to an applicant7complainant - 2(1) CPC 1*!
Pb$
/Construction not completed within stipulated period by ,ousin% >oard - Allottee held entitled to Interest on
deposits - 1!!((1) CPC )3" ,$P$
/Construction raised on ,-DA plot collapsed due to incomplete earthrefillin% - Allottees held entitled to
compensation of 6s$ * to one lacs - 1!!((2) CPC (3 ,r$
/Consumer 'ora %ranted relief of allotment to respondents whose land was ac2uired by the petitioner
Allotment made under the 1cheme of allotment thou%h on belated application 0rder of allotment upheld -
21(2) CPC .* Pb$ G ,r$ ,i%h Court
--Cooperati&e 1ociety made allotment of plot but subse2uently cancelled the same to offer an unsuitable plot not
accepted by respondent 1ociety ri%htly directed to refund the amount with 1: interest 2!(.) CPC *(! #$C$
/Defecti&e flats - 8he allotted flats found to be defecti&e - Complainant held entitled to compensation - 1!!"(1)
CPC .!" #$C$
/Delay - 8here was delay of four years in allotment of plot - Complainant held entitled to interest of 13: on the
deposits - 1!!. CPC 2! ,$P$
/Delay in deli&ery of allotted plot to applicant - Impro&ement 8rust cannot escape the liability - 1!!"(1) CPC ""!
Pb$
/Delay in deli&ery of house due to default of contractor - Authority cannot escape its liability for delay of
possession - 2(2) CPC ")! -$P$
/Delay in deli&ery of possession - Allottee is entitled to refund with 13: interest but this rate is not applicable in
each and e&ery case - 2"(2) CPC )"! 1$C
/Delay in deli&ery of possession due to stay %ranted by the ,i%h Court EDA is not liable for any fault 211(1)
CPC "2" #$C$
/Delay in deli&ery of possession of allotted shop - Complainant held entitled to interest on deposit at the rate of
13: - 1!!"(1) CPC .32 #$C$
/Delay in deli&ery of possession of ,-DA plot due to non completion of de&elopment wor4 - 1er&ice not deficient
- 1!!"(1) CPC .2. ,r$
/Delay in possession - Price of immo&able property e&en if increases - >uilder cannot claim ad&anta%e due to
increase in price after sale of property - Interest ; 12: p$a$ on deposited amount and compensation for rou%h beha&ior of
its mana%er awarded - 23(.) CPC 1!1 #$C$
--Delay in possession due to liti%ation does not constitute a deficiency in ser&ice on part of allotment authority -
2*(2) CPC ). #$C$
/Delay in possession of plot due to fault of P-DA - Allottee liable to pay ori%inal price and not enhanced one -
22(2) CPC *"( Pb$
--Delay in possession of plot due to land ac2uisition proceedin%s - Authorities not liable to pay interest on deposit -
1!!)(2) CPC " 1$C$
/Delay in refund of plot price after refusal of allotment - 8rust directed to refund deposits with 12: interest -
2(1) CPC ")1 Pb$
/Delay of 13 years in allotment of house - Allotment authority liable for deficiency in ser&ice - 2*(2) CPC *(3
#$C$
/Delay of 2 years in allotment - Complainant applied for refund but refused - Authorities directed to refund
deposited amount with interest and costs - 22(2) CPC **) Pb$
/Delay of .-172 years in deli&ery of possession where bi% pro+ect comprises 1(23 dwellin% units does not amount
to deficiency in ser&ice - Delay is reasonable - 2"(2) CPC ")2 Chd$
3
/Delay of ( years in re-allotment of plot Complainant is entitled to payment of interest on deposited
amount - 21(2) CPC 2(2 #$C$
/Delay of 3 years in deli&ery of possession - ,-DA directed to pay 6s$ 25 with 12: p$a$ interest - 22(2)
CPC 221 Chd$
/Delay of ! years in deli&ery of possession by Impro&ement 8rust - 8rust liable to pay 1*: interest P$A$ and
deli&er possession - 1!!3(2) CPC 2*3 Pb$
/Delay of about ! years in deli&ery of possession of allotted flat - 6eduction of 2: in refund of amount
un+ustified - 6efund with 13: interest allowed -1!!!(2) CPC 23) -$P$
/Delay of one 2uarter of century in deli&ery of possession of ,-DA plot after payment - ,-DA directed to deli&er
plot at ad+acent site and to pay 6s$ *5 - 1!!)(2) CPC )1! ,r$
/Delayin% allotment of plot after receipt of earnest money amounts to a deficiency in ser&ice - 1!!!(1) CPC 23*
@$P$
/Deli&ery of possession delayed by 0P despite recei&in% the amount - @atter went to the 1upreme Court5 which
remitted the same for fresh decision Petitioner70P directed to ma4e allotment at the ori%inal price 211(1) CPC "."
#$C$
--Demand of enhanced price by ,ousin% >oard without fi9ation of final price is not +ustified - 1!!)(1) CPC *3*
Herala
/Demand of e9cessi&e amount with compound interest e&en without deli&ery of possession - 0$P$ directed to
deli&er possession with compensation of 6s$ 1 lacs - 2((2) CPC )31 #$C$
--Demand of flat under discretionary 2uota of Administrator cannot be accepted if wron% facts of eli%ibility are
narrated by complainant - 23(1) CPC )" #$C$
/Deposit - Applicant refused to pay balance after depositin% 1: price due to apprehension of Cancellation of
1cheme - 0$P$ directed to refund deposited amount with (: interest - 2*(1) CPC .* Chd$
/De&elopment Authority failed to deli&er possession of house e&en after payment of full price - Directed to
compensate complainant for deficiency in ser&ice - 1!!!(2) CPC *) -$P$
/Different prices can be char%ed for flats situated in different situations-0P held not liable for deficiency in ser&ice
- 23(1) CPC *!! #$C$
/District 'orum directed to ma4e up deficiency in plot area and upheld by 1tate Commission - Interference in
concurrent findin%s declined - 2"(1) CPC ( #$C$
/District 'orum %ranted relief to the complainant by passin% e9parte order a%ainst 0P which was affirmed in appeal
Case remanded to District 'orum to re-ad+udicate after hearin% the parties 211(1) CPC 2)" #$C$
/District 'orum passed a &alid order directin% allotment of plot and determined its price 0rder does not
suffer from any ille%ality - 0rder upheld - 21(2) CPC 22( #$C$
--District 'orum reduced price of e9cess area of plot e9cludin% cost of construction with 1: p$a$ interest 0rder
upheld 2!(.) CPC (2. #$C$
/Draw of lots of P-DA plot delayed due to pendency of Frit Petitions - P-DA is not liable for deficiency in
ser&ice - 1!!((2) CPC 3 #$C$
--Draw of plots too4 place in 1!!* but actual allotment made in 21 Price of plot pre&alent in 21 and not in
1!!* can be char%ed from allottee 2!(.) CPC .(* Pb$
/Duty of authorities is not confined to allotment only - >ut it should also remo&e obstructions if raised a%ainst
construction wor4 - 1!!!(2) CPC ..( Har$
/Clectric pole in front of allottee not remo&ed - Authorities directed to pay 6s$ 2* to allottee - 22(2) CPC 212
Chd$
/Cle&en to twel&e feet deep pits not filled up by 0pposite Party despite ha&in% full amount - 0pposite Party
directed to pay 6s$ 15* as compensation and cost - 2"(1) CPC ).3 6a+$
/C9cess area allotted to complainant than ori%inal area - Allotment on old rate not allowed on e9cess area - 1!!3(1)
CPC 1! #$C$
/C9tra char%es paid for preferential location In the matter of allotment of plot by coloniJer5 parties are
bound by terms and conditions of allotment a%reement - 21(2) CPC 1(* #$C$
/'lat could not be constructed due to e9istence of water pipe on site owned by @unicipality - 8rust not liable for
deficiency in ser&ice - 2(1) CPC 1. Pb$
/'ora below passed a &alid order re%ardin% price of additional area of plot which was not payable by the
allottee 0rder upheld in re&ision - 21(2) CPC 2.3 #$C$
!
--'orfeiture of 1: price of shops is +ustified when allottee has re2uested refund of earnest money of his own but
interest reduced from 13: to 1*: only - 2*(1) CPC )3( Pb$
--Erie&ances a%ainst allotment of plot which did not e9ist on spot due to chan%e in layout 6elief cannot be %ranted
under CP Act 2!(1) CPC "* #$C$
/,$-$D$A$ failed to deli&er possession of allotted plot in time causin% loss to complainant - ,eld liable to pay 6s$
255 with interest to complainant - 1!!*(1) CPC *)" #$C$
/,$-$D$A$ failed to deli&er possession of plot despite repeated re2uested - Directed to pay 6s$ !5 to allottee -
1!!3(1) CPC .() ,r$
/,$-$D$A$ failed to de&elop the area and to deli&er possession of allotted plot - Complainant held entitled to refund
of total price with 1: interest - 1!!3(2) CPC 1(1 ,r$
--,andicapped person denied allotment as necessary conditions were not completed 6elief denied by the Ci&il
Court upto the ,i%h Court Consumer 'ora not completed to ma4e the allotment 2!(.) CPC (21 ,r$
--,i%hest bid for plot %i&en by complainant #ecessary amount deposited Fithdrawal of plot by ,-DA from
auction without reason amounts to deficiency in ser&ice 21(1) CPC !1 ,r$
--,ire Purchase 1cheme 8hree instalments paid5 rest to be paid after allotment - Possession not deli&ered
- In the absence of any pro&ision 2: deduction is &iolation of 6ules and 6e%ulations of 1cheme - Deducted
amount i$e$ 6s$ ))5 with 1*: interest be paid to the petitioner - 21(.) CPC *(! #$C$
/,ouses allotted with &arious defects - Allotment authority directed to reimburse allottees by suitable repayment -
1!!3(2) CPC 2(( @$P$
/,ousin% >oard char%in% hi%her price than 1: of the indicated price of plot and delayin% the possession -
Allottee entitled to refund of e9cessi&e price with 13: interest - 2.(2) CPC ( #$C$
--,ousin% >oard demanded price of flat as e9istin% in 1!!. whereas !: tentati&e cost was deposited in 1!!1 -
>oard is liable for deficiency in ser&ice - 23(.) CPC 1"2 #$C$
/,ousin% >oard failed to allot house within time after payment of . installments - Directed to pay compensation
with interest - 21(1) CPC . -$P$
--,ousin% >oard refused to refund 1: paid on balance amount by allottees and also forfeited 1: of
earnest money >oard failed to ta4e effecti&e steps in allotment of flat >oard directed to refund amount with
3: interest - 21(.) CPC 21 1$C$
/,ousin% society paid balance amount after deductin% *: rebate which could be permitted only by Administration
- 1ociety bein% defaulter not entitled to any relief - 22(1) CPC "23 Chd$
/,-DA continued liti%ation on fictitious %rounds 4eepin% due allotment pendin% e&en in &iolation of order of
Ape9 Court - ,-DABs appeal dismissed with cost of 6s$ 1 lac with direction of allotment to respondent - 23(1) CPC
"1" Pb$ G ,r$ ,$C$
--,-DA delayed deli&ery of possession of plot for 2) years nor it pro&ided necessary amenities ,-DA is directed
to pay compensation7cost of 6s$ 1.5 plus 6s$ "5 for escalated price of materials 21(1) CPC *." #$C$
--,-DA failed to deli&er possession of allotted plot despite payment of its entire price 8he plea of
pendency of court case not pro&ed ,-DA directed to %i&e possession of plot with 12: p$a$ interest - 21(.)
CPC *"" #$C$
--,-DA failed to deli&er possession within stipulated period Allottee cannot be made liable to pay penalty nor
earnest money can be forfeited - 2!(2) CPC 1!! ,r$
/,usband applied for allotment - Fife was allotted house under another 1cheme - ,usband not entitled to
allotment by Chandi%arh ,ousin% >oard - 1!!!(2) CPC 22! #$C$
/Imposition of penalty on account of delay in payment of installment is not un+ustified - 2((2) CPC )2! #$C$
/Impu%ned order passed without decidin% le%al pleas raised about allotment - Case remanded for fresh decision -
1!!3(2) CPC 13* Chd$
--In the absence of de&elopment of area of colony demand of interest on balance installments is un+ustified - 23(.)
CPC 1"! -$P$
/Information of surrender of plot %i&en within prescribed period - 'orfeiture of 1: amount 2uashed - 2*(1)
CPC .( Chd$
/Instalments - Complainant failed to pay instalments in time - #ot entitled to allotment of alternati&e house e9cept
refund with 13: interest - 1!!((1) CPC 21" Chd$
/It is not re2uirement of terms of allotment that Administration should pro&ide all amenities before allotment of
site - Interest on balance amount is payable by allottee as a%reed - 2)(1) CPC )!( Chd$
1
--It is settled law that allottee canot be made to pay penal interest on balance installments e&en if basic amenities are
pro&ided to him - 23(1) CPC (3 Pb$
/Hho4ha owner claimed compensation from @unicipal Corp$ as his 4ho4ha was remo&ed without alternati&e
allotment - @$C$ not liable for deficient ser&ice as no commitment was made - 1!!3(2) CPC .)) Pb$
/?and owners whose lands are ac2uired for a colony5 are entitled to allotment of plots as per terms of the Allotment
to 0ustees Policy framed in year 1!3( - Cannot be denied their ri%ht in the name of reasonable classification - 2((1)
CPC .*( ,r$
/@ere becomin% a member of housin% society does not %i&e a ri%ht to file a complaint before allotment of plot -
2"(1) CPC "32 #$C$
/@ere deposit of earnest money does not ma4e an applicant entitled for allotment - 22(1) CPC "" Pb$
/@ere offer of allotment to a person does not ma4e him a consumer under the Act - 2(1) CPC *1* Pb$
/@ere passin% of resolution for allotment does not %i&e a ri%ht of allotment to an applicant unless letter of
allotment has been issued - 1!!((1) CPC )2* Pb$
/@ere re%istration of an applicant on part payment does not entitle him for allotment of plot - ): interest on
deposit allowed - 22(2) CPC 21* Chd$
--#ecessary amenities include water5 electricity5 sewera%e and roads etc$ and school5 shoppin% centers and post
office which were pro&ided Cancellation of plot and forfeiture of 1: of deposit +ustified - 2!(2) CPC .(2 ,r$
/#ecessary amenities not pro&ided to allottees - 0$P$ %uilty of deficient ser&ice 1!!"(2) CPC *( A$P$
/#o allotment was made despite receipt of amount 15115* - 0P directed to refund the amount with interest -
2)(2) CPC .2 #$C$
--#o condition re%ardin% pro&ision of basic amenities before allotment >asic amenities before deli&ery of
possession of plot Petitioner not entitled to claim enhanced compensation on this %round 21(1) CPC 2)) #$C$
/#on deli&ery of possession as allotted plot was under possession of a factory - Authorities directed to allot
alternati&e plot with costs - 22(2) CPC **3 Pb$
--#on deli&ery of possession of house despite deposit of 6s$ 15!.5(* - 0P directed to deli&er possession without
further demand - 23(1) CPC * ,r$
/#on deli&ery of possession of plot by ,$-$D$A$ - ,$-$D$A$ directed to deli&er possession with 1*: interest -
2"(2) CPC )(1 1$C$
/#on deli&ery of possession of plot by 0P - Complainant entitled to allotment of plot or refund of price with 13:
interest - 2.(1) CPC 2.2 #$C$
/#on deli&ery of possession of plot despite entire payment - Compensation in the form of 13: interest for
deficiency in ser&ice +ustified -2*(2) CPC *.* 1$C$
/#on pro&idin% of all facilities does not %i&e ri%ht to allottee to stop payment of balance amount when allotment is
on tentati&e basis - 23(2) CPC 2 ,r$
--#on-compliance of 6ules by appellant - #on allotment of house by ,ousin% >oard does not constitute a
deficiency in ser&ice - 2(1) CPC 13. Chd$
/#on-deli&ery of possession despite ma+or amount of payment - De&eloper directed to refund amount with 12:
interest 2*(2) CPC 1)2 #$C$
/#on-deli&ery of possession of plot despite deposit of bid money - #or deposit was refunded - 0P directed to
refund deposit with 1: interest - 2)(2) CPC * #$C$
/#on-deli&ery of shop and flat within stipulated period despite payment - >uilders to refund price with 13:
interest - 21(2) CPC 22 Eoa
--0$P$ Company failed to allot ,oliday 6esort Apartment despite payment of 6s$ 15153(* Directed to refund the
amount with 13: interest and cost 6s$ 15 - 22(2) CPC ).. ,$P$
/0$P$ deficient in ser&ice in allotment of plot - Directed to refund of 6s$ 1)5*32 Award of interest refused - 2"(1)
CPC !. Chd$
--0$P$ failed to deli&er possession of residential flat despite amount deposited by complainant 0$P$ ri%htly directed
to refund the amount with 13: interest with compensation of 6s$ 155 2!(1) CPC **2 #$C$
/0$P$ failed to deli&er possession of shop within a%reed time - 0$P$ directed to pay 6s$ "*5 compensation -
2*(1) CPC ..( #$C$
/0b+ect of allotment to 1i4h @i%rant is to pro&ide them means of li&elihood - Allotment should not to be denied on
technicalities - 1!!!(2) CPC *"* Chd$
/0nce an applicant became entitled to allotment under old 6ules (1!(*) he cannot be depri&ed of his ri%ht by
subse2uent 6ules (1!3.) which are not retrospecti&e in nature- 2.(1) CPC 123 Pb$
11
/0nce payment is accepted5 Authority cannot plead that possession was delayed due to delay in payment - (1) CPC
)! ,$P$
/0P failed to confirm lay out of site for which relief was %ranted by the 'ora below 8he plea of petitioner that
respondent did not want the site is not acceptable 0rder upheld 211(1) CPC )1 #$C$
--0P failed to ma4e allotment of site and to e9ecute sale deed despite payment of price Directed to refund price
with compensation and interest at the rate of 13: p$a$ - 2!(2) CPC 2(! #$C$
--0P was directed to pay compensation for casin% default in allotment of plot Award of compensation of 6s$
155 cannot be allowed when interest has also been allowed 0rder modified 21(1) CPC 21* ,r$
--0P without followin% mode of allotment withheld earnest money without any +ustification 6efund of earnest
money with interest and cost ri%htly ordered by 'ora below 2!(.) CPC )" #$C$
/0pposite Party defaulted in deli&ery of possession of plot - Allottee cannot be burdened with interest on delayed
payment - 2"(1) CPC 2*! Pb$
/0ri%inal flat was not in e9istence 8he order that same flat be allotted on same conditions not a &alid
order Allotment of alternati&e flat on same price is +ustified - 21(2) CPC ")2 #$C$
/0ustee applied for one plot of * s2$ yds$ or two plots of 1 marla each Allotment of two plots is
+ustified as )12 4anal 1 marla land of petitioner was ac2uired by ,-DA - 21(2) CPC (2( ,r$
/P$-$D$A$ acceptin% instalment of 6s$ 31 from poor widow with assurance of allotment of her occupied house -
Denial of allotment is deficiency in ser&ice - 2"(1) CPC )3. Pb$
/Payment of installment stopped as construction was not completed within three years under a si9 years allotment
scheme - Cancellation of allotment with forfeiture of deposits +ustified -2((2) CPC )!3 #$C$
/Payment of 6s$ "5 by allottee towards allotment of site falsely shown to +ustify cancellation of site for non
payment of balance money - Cancellation of allotment set aside - 23(1) CPC )"" Har$
/Plot allotted not traceable due to deep rainy water - Colony unde&eloped - Authorities directed to pay 13: interest
on deposited amount of 6s$ 1*5 to complainant - 1!!!(1) CPC 1*" Chd$
--Possession not deli&ered despite deposit of 2*: price - Allotment Authority liable to refund deposit (6s$ *5(*5)
with !: p$a$ interest - 22(1) CPC 1* Chd$
/Possession not %i&en - Alternate plot allotted - ,-DA directed not to char%e interest penalty till offer of
possession of alternate plot - 23(.) CPC 13 #$C$
/Possession of <@a+estic Cotta%e= not deli&ered for " years - 8otal price paid - >uilders directed to refund total
price with 13: interest - 1!!!(1) CPC *) Chd$
/Possession of <@a+estic Cotta%e= not deli&ered for " years e&en after payment - >uilders directed to refund total
price with 13: interest - 1!!!(1) CPC 2)! Chd$
--Possession of allotment plot could not be deli&ered as it was included in the city centre 6efund with
12: p$a$ interest and cost is ade2uate relief - 21(2) CPC .)! Pb$
/Possession of alternati&e plot offered in 1!!) and possession deli&ered in 22 - Award of interest at 1*: for
delayed possession +ustified - 2"(2) CPC )*" 1$C$
/Possession of basement cannot be denied on the %round that allottees are li4ely to misuse the premises - At the
most underta4in% can be demanded for proper use - 1!!!(1) CPC *32 #$C$
/Possession of ele&en out of fifteen ,IE houses could not be deli&ered due to delay on part of contractor who
delayed construction - Complainant not entitled to interest or compensation e9cept e9ecution of re%istration of sale deed -
2((1) CPC (2! 1$C$
/Possession of house not deli&ered e&en after full payment - Authorities directed to refund deposited amount with
1*: P$A$ interest - 2(1) CPC .2 8$#$
/Possession of plot delayed - Area not de&eloped - 8otal amount paid by allottee - ,$-$D$A$ directed to pay 6s$
2525 as compensation - 1!!!(1) CPC *21 ,r$
--Possession of plot delayed for one decade - Area not de&eloped - ,$-$D$A$ made to pay 6s$ 2525 with 1*:
interest on deposit - 1!!!(1) CPC .!1 ,r$
/Possession of plot %ot without any protest - Compensation for late deli&ery of possession declined - 1!!3(1) CPC
2! ,$P$
/Prolon%in% case of allotment by passin% a hypothetical order by District 'orum is not +ustified - 22(1) CPC !1
Pb$
--Pro&idin% of necessary amenities before deli&ery of possession of allotted plot is not conditions precedent
0P not liable for deficiency in ser&ice - 21(.) CPC 1)) ,r$
12
--Kuestion of reser&ation of plot by P-DA comes under a policy decision - Consumer 'ora cannot %o into such
matter - 2(2) CPC )) Pb$
/6ate of interest was determined at 13: per annum payable by ,$-$D$A$ by #ational Commission - 6ate of
interest bein% on hi%her side reduced to 12: as per latest law - 2"(2) CPC ..1 1$C$
/6efund - Appro&al of layout of plot not %i&en - Allottee held entitled to refund of deposit with 12: interest and
compensation - !!"(2) CPC "3! Herala
/6e2uired 2*: of the price of plot was deposited " days after cut off date - Authorities not obli%ed to ma4e the
allotment - 2"(2) CPC )2( Chd$
/6espondent allotted plot in a different locality than that mentioned in application - Directed to pay 6s$ *5 to
complainant - 1!!. CPC 233 Delhi
/6espondent >an4 failed to forward application for allotment and ban4 draft to ,-DA - 6espondentBs ban4 and
,-DA directed to pay compensation +ointly to complaints - 2)(1) CPC .! Chd$
/6espondent failed to deli&er possession of plot as colony was not sanctioned - Complainant held entitled to 12:
interest on amount with refund of price - 1!!)(1) CPC *)( Chd$
--6espondent failed to deposit 6s$ 1" necessary for pro&idin% standard desi%n - Appellant not at fault for delay in
pro&idin% standard desi%n - 2)(2) CPC *!( ,r$
/6etention of amount deposited for allotment for . years e&en after withdrawal of allotment - Allotment Authority
to refund deposits with 1: interest - 1!!((2) CPC 2(1 @$P
/1tate Commission directed 0P to pay compensation of 6s$ (*57- for allotment of lesser area Actual allotment
was made not on the basis of s2 ft$ but plot as a -nit 0rder set aside #o deficiency pro&ed 211(1) CPC 13 #$C$
/1tatus of applicant to be seen at the time of filin% of application for allotment - 2"(1) CPC *2) Pb$
/1ubse2uent allotment in other town by ,-DA does not affect the ri%ht of allottee of flat in @anima+ra by ,ousin%
>oard - #o &iolation of pro&isions of ,ousin% >oard 6e%ulations - !!!(1) CPC ."1 Chd$
--1urrender 6efund after ma4in% 1: deduction Petitioner chan%ed his mind and prayed for retainin%
plot 6e2uest disallowed Complaint filed for restoration after three years is time barred - 21(.) CPC "13
#$C$
/8otal plot price deposited in 1!3) - Possession deli&ered in 1!!( - ,$-$D$A$ held liable to pay compensation of
6s$ 2*5 with costs of material 6s$ 2 lacs$ - 1!!!(1) CPC 1* Chd$
/-nder the a%reement relatin% to de&elopment of plot *: of undi&ided share to be transferred to 0P in lieu of cost
of construction - #either complainants are consumer nor 0P is ser&ice pro&ider - 2((2) CPC "3 #$C$
/-ndue delay in allotment of ,ouse - Complainant is entitled to allotment on ori%inal price - 1!!((1) CPC "12
#$C$
/-ndue delay in deli&erin% of possession despite payment made by complainant - Authority directed to ma4e
allotment with compensation - 22(1) CPC !. Pb$
/-ndue delay in deli&ery of possession in &iolation of terms of a%reement Complainant is entitled to refund
deposited amount alon%with 13: p$a$ interest 211(1) CPC .1! Harnata4a
---ndue delay in deli&ery of possession of allotted flat #o contributory ne%li%ence on part of allottee pro&ed
DDA directed to deli&er possession with compensation and cost of 6s$ *2* - 0rder modified - 21(.) CPC .)( #$C$
/-ndue delay in deli&ery of possession of allotted plot - ,$-$D$A$ directed to allot alternati&e plot with 1*:
interest on deposit - 1!!3(2) CPC 21! ,r$
/-ndue delay in deli&ery of possession of allotted plot despite payment - Authorities directed to refund the amount
with interest - 2"(1) CPC *31 @$P$
/-ndue delay in deli&ery of possession of plot - ,$-$D$A$ directed to pay 12: interest on deposited amount -
8$D$1$ not to be deducted -2"(2) CPC )22 1$C$
---ndue delay in deli&ery of possession of plot after payment - P-DA directed to pay interest on deposits at the rate
of 12: upto date of offer of possession - 21(2) CPC .1. Chd$
/-ndue delay in deli&ery of possession of plot despite ha&in% recei&ed the necessary amount - 'orum ri%htly
directed 0P to deli&er the possession to complainant - 2((1) CPC ."( ,r$
---ndue delay of ei%ht years in deli&ery of allotted plot by ,-DA - Complainant allowed compensation of 6s$ 2
?a4hs alon% with 1: interest on deposited amount for . years - 2)(1) CPC (2 Chd$
/-ndue delay of se&en years to deli&ery of possession of plot - 0P held liable for deficiency in ser&ice - 23(2)
CPC ( #$C$
/-nilateral chan%e of terms of allotment cannot affect the ri%hts of the allottee 1!!)(1) CPC )3* Chd$
/Fhen encroachment from ori%inal plot is remo&ed - ,$-$D$A$ should not insist that allottee should 4eep
alternati&e plot - 1!!((2) CPC !( ,r$
1.
Allotment Aut!ority - Allotment authorities held bound to pay 1*: interest for delay in possession as
stipulated in the a%reement - 1!!((2) CPC 2*2 #$C$
/An Authority5 if acts in a ne%li%ent manner in matter of allotment5 it is bound to compensate the complainant -
2"(1) CPC )) 1$C$
/Authorities are duty bound to ascertain that flat in 2uestion is free from liti%ation 1!!1 CPC 1"! Har$
Allotment at original price - Complainant allotted alternati&e plot at ori%inal price - Erant of other
compensation not necessary as allotment at ori%inal rate is an ade2uate relief - 1!!!(1) CPC .)( ,r$
Allotment by "mprovement #rust - #on compliance of order of District 'orum directin% 0P to ma4e
allotment within two months and to ma4e the allotment with 6s$ 155 for harassin% complainant for 2) years -
23(2) CPC ")* #$C$
/Impro&ement 8rust failed to deli&er possession of allotted plot as de&elopment of area was incomplete - 8rust
directed to do the needful and pay interest ; !: - 23(.) CPC *) #$C$
Allotment by PUDA - P-DA failed to deli&er physical possession of allotted house - Directed to pay 6s$ *
p$m$ till date of deli&ery of possession alon% with 6s$ 25 - 22(1) CPC **! #$C$
Allotment cancellation Installment dues not deposited in time Cancellation of allotment upheld
21(1) CPC 2*( #$C$
Allotment facilities - -nless necessary facility of water and electricity are pro&ided5 allottees are not liable to
pay construction fee - 2*(1) CPC ..) Pb$
Allotment of boot! Claim for allotment of booth was re+ected upto ,i%h Court due to non fulfillment of
terms of Allotment 1cheme 0rder of District 'orum ma4in% allotment cannot be sustained 21(1) CPC )3) ,r$
--@ere allotment of booth does not disentitle a complainant to file a claim a%ainst deficiency in ser&ice committed
by ,-DA Commercial purpose not pro&ed 21(1) CPC )* #$C$
--Auction - Allotment 1: of the amount deposited Allotment letter not issued 1ale is not final5 the authority
has the discretion to cancel the bid Compensation awarded by 'oras below set aside 211(1) CPC *(" #$C$
Allotment of flat - After deli&ery of possession ob+ection a%ainst panel interest due to delay in payment is not
entertainable - 0rder of refund of amount set aside - 2((2) CPC )2! #$C$
--Allotment authority char%ed hi%her rate of flat than other allottees - Complainant was not at fault for delay caused
liti%ation - Authorities directed to refund e9cess amount with interest and compensation with cost - 23(2) CPC .2" #$C$
/Allotment authority failed to deli&er possession e&en after receipt of payment - Directed to pay 1*: on deposits
and deli&er the possession - 2*(2) CPC *! #$C$
/Allotment Authority wanted to allot alternati&e flat in another bloc4 but refused by complainant - 0$P$ liable to
refund deposits with 1*: interest -2)(1) CPC .3) #$C$
/Allotment in accordance with income criteria drawn on adhoc basis - Carlier income is no %round for cancellation
of allotment - 22(2) CPC )3 #$C$
/Alternati&e flat allotted at re2uest of allottee - Allotment Authorities +ustified to char%e price on the basis of its
policy - 2*(1) CPC )(( #$C$
/Amount deposited for allotment of flat - 1cheme abandoned - Complainant entitled to 1*: simple interest instead
of *: interest - 2"(1) CPC 22) -ttar$
/Army welfare ,ousin% 0r%anisation allottin% defecti&e flats to its members - Case comes under ambit of C$P$ Act
- 1!!)(2) CPC 1( #$C$
--0P char%ed difference of price as complainant had applied to con&ert his re%istration to hi%her cate%ory of flat
Interest char%ed for late payment by 0P is not ille%al Impu%ned 0rder %rantin% relief to complainant set aside 211(1)
CPC *2 #$C$
--Possession not deli&ered Area reduced by 0P 'orum directed to pay compensation of 6s$ 2 lacs with 21:
interest Compensation set aside in appeal As per a%reement5 0P liable to pay interest ; !: p$a$ instead of 21: p$a$
211(1) CPC !. #$C$
/>uilder delayed completion of flat e&en after recei&in% ( installments - Directed to refund total amount with 1*:
interest for unfair trade practice - 21(1) CPC .1* Her$
/>uilder failed to deli&er possession of flat in accordance with a%reement - 0$P$ directed to refund the amount with
2": interest or re%ister the flat in complainantBs name - 2.(2) CPC **! #$C$
-->uilders failed to construct the flat and to deli&er its possession within stipulated period - Directed to refund the
amount and compensation with 13: interest - 2(1) CPC )11 #$C$
1"
/Complainant alle%ed that char%e of 1: e9tra amount for corner plot was un+ustified - 8he allotted plot ha&in%
amenities of corner plot was ri%htly found sub+ect to 1: e9tra cost - 6elief declined - 1!!)(1) CPC "1 ,r$
/DDA failed to send final demand letter at permanent address of complainant who had made part payment for
allotment of flat - DDA is liable for deficiency in ser&ice - 23(2) CPC ""( #$C$
/Delay of 1-172 years in possession of flat - Complainant held entitled to 13: interest on deposits with cost -
22(2) CPC )*! #$C$
--Delay of fi&e years in re+ectin% the application for chan%e of locality constitutes a deficiency in ser&ice by
allotment authority - 1!!!(2) CPC 12 #$C$
/Deli&ery of possession delayed on technical ob+ections - 6espondent directed to pay 6s$ 252*3 to allottee -
!!((1) CPC 212 Chd$
/De&elopment authority not deli&erin% possession of house e&en after recei&in% total price - Directed to refund the
amount with 1*: p$a$ interest -2(1) CPC "*. -$P
/De&elopment wor4 of flat not carried out in time - 'orfeiture of deposited amount not le%ally &alid in the absence
of proper e&idence - 2((1) CPC ""* #$C$
/Dispute between allottee and builders re%ardin% actual payment and allotment of flat - Case remanded to 1tate
Commission for fresh disposal - 1!!((1) CPC 1.2 #$C$
/'lat allotted at a tentati&e price - Demand of enhanced price due to rise in costs is not ille%al - 1!!((1) CPC 11!
#$C$
/'lat allotted at a tentati&e price of 6s$ )$. la4hs - Demand of 6s$ ($"" la4hs is not un+ustified - 2)(1) CPC )**
1$C$
/'lat earmar4ed for complainant allotted to a third party despite payment - 0$P$ directed to ma4e alternati&e
allotment or refund the amount with compensation and cost - 2"(2) CPC 13 @aha$
/,ousin% >oard delayed possession of flat for three years after recei&in% payment - Directed to pay 6s$ 225 as
compensation - 21(2) CPC 1.. Chd$
/,ousin% >oard %a&e option to the complainant for allotment of flat in 1ector "* but allotted the same in 1ection
"( - Deficiency in ser&ice pro&ed - 1!!1 CPC )3" (Chd$)
--Impro&ement 8rust made undue delay in deli&ery of possession of flat - Clectricity installation found to be
defecti&e - Directed to pay 6s$ *5 for delayin% possession - 21(2) CPC "( Pb$
/#o consideration of complainants application about payment of balance amount in lumpsum for 1-172 years -
DDA directed to ma4e refund of e9cess amount with compensation of 6s$ 25 -22(1) CPC 2. #$C$
/0ffer of three rooms flat at a hi%her price a%ainst two rooms flat boo4ed with builder5 is not proper - 1!!((1) CPC
3) #$C$
--0P failed to deli&er possession of flat despite payment of full amount - Complainant held entitled to refund of
deposit with 13: interest - 2.(1) CPC 1) #$C$
/0ri%inal flat allotted in 1!!1 - Alternati&e flat offered in 1!!" - Allottee can be char%ed the same price at which
ori%inal flat was allotted - 22(1) CPC 2(! #$C$
/Payment towards loan amount with a%reed interest ri%htly ad+usted by 0$P$ - Installment paid as per scheduled -
0$P$ not liable for deficient ser&ice - 2"(1) CPC (" Chd$
/Possession could not be deli&ered despite full payment of flat due to non a&ailability of land - 6efund of deposited
amount with 13: interest +ustified - 22(2) CPC .2 #$C$
/Possession of allotted flat not deli&ered as de&elopment wor4 was not complete in the area - Allottee held entitled
to refund of deposit with 1*: p$a$ interest - 2(1) CPC ".2 -$P$
/Possession of allotted flat5 was delayed by the De&elopment Authority - Complainants entitled to compensation
and possession of the flat - 1!!2 CPC 1*3 #$C$
/Possession of flat not deli&ered within reasonable period i$e$ three years - Possession was deli&ered after si9 years
- 0P directed to pay 12: interest on deposited amount - 2)(2) CPC 31 ,r$
/P-DA not deficient in ser&ice for delay in possession where allottee committin% fault in payment of balance
amount - 22(1) CPC 3" Pb$
/6upees . deposited for allotment in 1!3! returned in 1!!( without any reason - 0P directed to pay 13:
interest on deposited amount after 2 years of date of deposit - 2.(2) CPC 223 #$C$
/8he purchaser of house from a builder is a consumer under the Act - 1!!1 CPC 1*( Delhi
/-ndue delay in deli&ery of possession of flat - Despite payment of total price with enhanced cost - 0P directed to
deli&er possession and pay 13: interest on deposited amount - Gha!ia"ad 2.(1) CPC )2) #$C$
---ndue delay of * years in deli&ery of possession of flat - Allotment authority directed to pay 1*: interest on
deposited amount - 22(1) CPC ).) #$C$
1*
Allotment of !ouse - Allotment authority failed to deli&er allotted house despite full payment - 6efund of
deposit after 1: deduction is ille%al - Allottee entitled to 13: interest on deducted amount - 2.(1) CPC .! #$C$
--Allotment cannot be denied to complainant who is ma+or5 unmarried women not dependent upon other family
members simply that other member is holdin% a plot 2!(1) CPC (! #$C$
--Allotment chan%ed to another 1ector a%ainst willin%ness of allottee - Allotment Authority directed to refund
deposited amount with 13: interest and 6s$ *5 - 2((1) CPC ** #C
/Allottee fails to comply with terms of allotment letter - #ot entitled to compensation on cancellation of plot -
1!!((2) CPC 1)! #$C$
/Applicant remained unsuccessful in draw of lottery of houses - 6efund of deposit with *: interest +ustified -
2*(2) CPC )(3 1$C$
--Cancellation of allotment as allottee had failed to respond to the letter of allotment without +ustification C&en
complaint was filed with delay of 2 L years Cancellation of allotment upheld 2!(.) CPC )1! #$C$
--Complainant failed to ma4e payment of house due to non-a&ailability of amenities5 which were pro&ided by 0P
#o +ustification for not ma4in% the payment Complainant held entitled only the refund of the deposited amount -
2!(2) CPC 2.1 #$C$
/Complainant was forced to pay additional amount - Possession not yet deli&ered - 0pposite Party directed to pay
13: interest on deposited amount - 2"(1) CPC 1. #$C$
/Complaint a%ainst order of Addl$ Chief Administrator declinin% relief a%ainst forfeiture of earnest money is not
maintainable under C$P$ Act - 2((2) CPC (" #$C$
/Delay of . years in deli&ery of possession of house - Complainant held entitled 2: interest on deposited amount
for delayed period - 2.(2) CPC 23. #$C$
/District 'orum directed deli&ery of possession with 13: interest after &acation of stay - Interest durin% stay period
un+ustified - 0rder of 'orum restored - 2*(1) CPC 2( #$C$
/EDA char%ed double interest on outstandin% instalments arbitrarily - Complainant remained out of possession for
a lon% period of 1) years - 6efund of double interest with compensation of 6s$ 35 ordered - 23(2) CPC 2.) #$C$
/,ousin% >oard reducin% area of allotment held liable to compensate the allottee - 1!!)(1) CPC !3 #$C$
/Interest - De&elopment authority failed to deli&er possession of house within the a%reed time - Complainant
entitled to 13: interest on the deposit - 1!!. CPC 1!( ,$P$
/@atters relatin% to allotment of flats by 1himla De&elopment Authority falls within the +urisdiction of Consumer
'orum - 1!!. CPC ((( ,$P$
/@ere re%istration under a ,ousin% 1cheme does not confer any ri%ht of allotment on the applicant - #umitra
1!!*(2) CPC 23. #$C$
/@68P Commission directed DDA to hand o&er possession of allotted plot in e9istin% scheme or in some other
scheme - Directions should be limited to award compensation or dama%es alone - Commission has e9ceeded its
+urisdictional powers - Case remanded for fresh decision - 23(2) CPC *2( 1$C$
--#on allotment of house in promised site - Alle%ation not pro&ed - 0$P$ not liable to deficient ser&ice - 2"(1)
CPC 213 A$P$
/6efund of deposit was offered but declined - Allotment could not be made due to liti%ation - Deficiency in ser&ice
not pro&ed - 2)(1) CPC )1 @$P$
/1tate Commission directed allotment authority to char%e ad&ertised price of flat5 pay interest and refund e9cess
amount - 0rder not sustainable in &iew of 1mt$ 1habnam Dir4Bs case 2) (1) CPC )** 1$C$
/-ndue delay in deli&ery of possession despite payment - Act of allotment authority amounts to deficiency in
ser&ice - 2.(2) CPC *3" #$C$
Allotment of land - ?ease deed - #on construction char%es wron%ly le&ied - ?ease deed not e9ecuted -
6e%istration of lease deed re2uired before construction - #on construction char%es can not le&ied till e9ecution of lease
deed - 2((2) CPC *3! #$C$
/Eroup ,ousin% - 6efund of deposit amount sou%ht alon% with interest - Interest already paid as per law laid down
by ,i%h Court - 0rder modified - 23(.) CPC 12 #$C$
Allotment of new site - -nderta4in% %i&en by ,ousin% 1ociety not to claim any dama%es if new site be
allotted to it - 1ocieties cannot claim any compensation after allotment of new site - 2.(1) CPC ).. #$C$
Allotment of oustees - Complainant had land in her own ri%ht which was ac2uired - Complainant entitled to
allotment as oustee e&en if her husband was allotted another site - 2.(2) CPC "*! Pb$
Allotment of plot $ 17"th of the total price deposited in 1!33 - Plot under encroachment - >alance amount
accepted in 1!!3 - Allottee entitled to alternati&e plot on ori%inal price - 2.(1) CPC 112 #$C$
1)
/Allotment authority cannot be allowed to 4eep the earnest money for a lon% period after denial of allotment -
6efund with 1G interest ordered - 2.(2) CPC 2(2 #$C$
/Allotment authority failed to e9ecute sale deed of plot e&en after recei&in% full amount - 0P directed to e9ecute
sale deed with compensation and 13: interest - 22(2) CPC 31 #$C$
--Allotment cannot be made in a particular Colony at the choice of the appellant - 1!!. CPC 3 -$P$
--Allotment was refused as application was not made for the same within prescribed period - 6elief declined under
C$P$ Act - 22(1) CPC .)2 #$C$
/Allottee failed to pay enhanced amount to Impro&ement 8rust for non-deli&ery of possession - Payment with 1):
interest and deli&ery of possession was ordered - 2)(2) CPC 1. Pb$
/Allottee not ma4in% payment of instalments as per schedule - 'orfeiture of 1: of cost of price while refundin%
the amount is +ustified- 2.(1) CPC .* #$C$
/Cancellation of plot allotted a%ainst rules - Complainant entitled only to refund of deposit with 1*: interest -
2(1) CPC )) #$C$
/Cate%ory of plot chan%ed by DDA on allotteeBs re2uest - 6eco&ery of new plot is +ustified -1!!"(1) CPC 2.2
Delhi
--6espondent could not pay balance amount of flat due to enhancement of price of flat ,ousin% 1ociety
held liable to refund the residual price to allottee Chandi%arh Administration not liable as it did not recei&e the
deposits - 21(2) CPC *!1 #$C$
/Chan%e in mode of allotment by authorities does not amount to arbitrariness - Complaint allowed with refund of
deposits with ): interest - 2"(2) CPC ).* #$C$
/Complainant allotted a plot in cate%ory-A a%ainst his re2uest for allotment in cate%ory-> where plot was a&ailable
- 0P liable for deficiency in ser&ice - 2)(2) CPC .2 #$C$
/Complainant allotted plot in pursuance of order of ,i%h Court - Delay in possession - Proper remedy lies in ,i%h
Court - 1!!*(1) CPC )2) @$P$
/Complainant chan%in% mind from time to time for allotment of plot - #ot entitled to claim any compensation
-1!!1 CPC *(1 Pb$
/Complainant concealin% the fact that his father had already been allotted a plot - Complaint dismissed with costs -
1!!*(2) CPC ( Pb$
--Complainant failed to deposit balance of installments due to non completion of de&elopment wor4s in the area and
surrendered the plot 'orfeiture of 1: of the total price by ,-DA does not constitute a deficiency in ser&ice 2!(1)
CPC *13 ,r$
/Complainant failed to occupy plot in a stipulated period of 1* days - ?ost his case in ,i%h Court - Complaint
under C$P$ Act not maintainable - 1!!3(2) CPC !2 Chd$
/Complainant member of construction society - 1ociety and not the complainant allottee is entitled to file
complaint a%ainst the Impro&ement 8rust - 1!!. CPC 13( #$C$
/Complainant transferee of plot claimin% compensation for non deli&ery of possession from ,1IDC without
impleadin% ,-DA as a party - Complaint held not maintainable - R.P. Bedi &$ Har$ana #tate %ndustrial De&elopment
'orporation Ltd., 2(1) CPC *"1 Chd$
--Complainant was allowed a plot but subse2uently allotment was cancelled on his re2uest - 0P cannot be held
liable for forfeiture of deposit amount - 2((2) CPC .3( #$C$
--Complainant was unsuccessful in withdrawal of plots - #ot entitled to refund of deposit with interest - 1!!*(1)
CPC 1(3 #$C$
/Complainant-allottee &iolatin% the terms of a%reement - #ot entitled to any compensation - 1!!"(2) CPC ". #$C$
/Delay in allotment due to non-ac2uisition of land by Eo&ernment is no %rounds to +ustify the delay - 1!!3(2) CPC
22) @$P$
/Delay in possession of allotted plot by Corp$ - Complainant held entitled to alternati&e plot with 13: interest on
deposit - 1!!)(2) CPC .2) #$C$
/Delay in possession of plot - Authorities liable to pay 13: interest on deposit till date of possession - Pun(a"
Ur"an Plannin) and De&elopment Authorit$ &$ Gian #in)h, 2"(1) CPC .1) #$C$
/Delay of 1 years in deli&ery of possession of allotted plot - Impro&ement 8rust held liable to repay the amount
with 13: interest and costs - 1!!"(1) CPC *") Pb$
/Delay of 2 years in allotment of plot after payment of price with P$-$D$A$ - 6espondent directed to allot one
Hanal plot to complainant with immediate effect - 1!!((1) CPC 1!2 Chd$
/Delay of 2" months in %i&in% possession of allotted plo1t - Complainant entitled to interest - 1!!1 CPC 2) Delhi
1(
/Delay of two years and si9 months in deli&ery of possession of allotted plot - ,-DA directed to refund deposited
amount with 1*: interest - 2((2) CPC 2.! #$C$
--Despite payment of price 0P failed to ma4e allotment of plot Act of 0P amounts to deficiency in ser&ice who is
directed to ma4e allotment after recei&in% balance amount - 2!(2) CPC 2*( #$C$
/De&elopment Authority abandoned the 1cheme after recei&in% price of plot - #o alternati&e plot was allotted -
Complainant entitled to refund of entire price with 12: interest and compensation - 22(2) CPC 2" -$P$
/District 'orum allowed refund of deposited amount with 12: interest for undue delay in deli&ery of possession of
allotted plot - 0rder upheld - 2((2) CPC *(. #$C$
/Carlier plot wron%ly cancelled - #ew plot shall be allotted at the same price to the allottee - 1!!*(2) CPC 1*( #C
/'ull price paid as per terms of a%reement between complainant and P-DA - Demand of additional amount by
P-DA before e9ecution of sale deed un+ustified - 2((2) CPC .3 #$C$
--Interest - Allottee complainant denied possession for two years after depositin% the amount - Cntitled to 12:
interest on deposits - 1!!2 CPC **2 Har$
/#on-deli&ery of possession and non-completion of de&elopment wor4 in area despite full payment - Authorities
liable for deficiency in ser&ice - *uni+ipal 'orporation, ,arida"ad &$ G. D. Arora, 2)(2) CPC 23 Chd$
/0nce deli&ery of physical possession of plot has been ordered5 no further compensation can be awarded without
e&idence of loss - Har$ana Ur"an De&elopment Authorit$ &$ *-s. Amit .raders, 1!!!(1) CPC 3* ,r$
/0pposite party failed to ma4e allotment despite payment of 6s$ *5 Directed to compensate the complainant
for committin% unfair trade practice - #t. #oldier Properties & %ndustries Ltd. &$ Parmod #eh)al, 2.(1) CPC .) Pb$
/0rder ri%htly e9ecuted by District 'ora - @ere alle%ation that allotted plot is not in e9istence is without any force -
0rder upheld - 2((2) CPC "2! #$C$
/Petitioners depri&ed allotment of plot by wron%fully includin% name of other applicant - 6espondent directed to
%i&e plot to petitioner - 1!!((1) CPC 1(* Pb$
/Possession not deli&ered within promised period - Allottee entitled to refund with 13: interest - 2"(2) CPC )"3
1$C$
/Possession of ,IE flat not deli&ered despite payment of entire amount - 0P directed to refund deposited amount
with 13: interest - 2((2) CPC .* #$C$
/6ate of interest re&ised from 1: to 13: on deposit by #ational Commission - Increase in interest un+ustified -
Har$ana Ur"an De&elopment Authorit$ &$ /irmal *ittal, 2"(2) CPC .*" 1$C$
/6efusal to deli&er possession of plot purchased in auction sale constitutes a deficiency in ser&ice - 2((1) CPC
)(! #$C$
--6ehabilitation policy ComplainantBs bein% <tenants= and <Eo&ernment ser&ants= not co&ered under the
<6ehabilitation policy= not considered 6ehabilitation 1cheme 1!3) did not mention any dis2ualification or oustin% a
<Eo&ernment ser&ant= 6elief entitled 2!(.) CPC 223 #$C$
/-ndue delay in deli&ery of possession - Interest ; 13: on the amount reduced to 12: and compensation of 6s$
"5 reduced to 6s$ 15 - 22(1) CPC 213 #$C$
/-ndue delay in deli&ery of possession of allotted plot causin% escalation of price of construction material and
labour - D$D$A$ directed to pay 6s$ 155 as compensation - 1!!3(2) CPC "*! Delhi
Allotment of plot %&pecimen 'orm( - A specimen form under the ,$-$D$A$ 6e%ulation is not li4e a
pro&ision in a statute which cannot be altered on departed from - 0rishan Lal &$ 'hie1 Administrator, Har$ana Ur"an
De&elopment Authorit$, 1!!2 CPC 1! ,r$
Allotment of &C' - #on deli&ery of possession of 1C' purchased in open auction for 6s$ 3$)1 lacs - 0P
directed to deli&er possession with amenities G cost of 6s$ *5 - 2.(1) CPC 2* #$C$
Allotment of &C) - 0P delayed possession of 1C0 after recei&in% 2*: of price - Possession not deli&ered
due to under %round pipe line - Allottee entitled to 13: interest on deposits - 2.(1) CPC )(! Chd$
/After payment of 2*: complainant could not pay balance installment in time - Cancellation of plot +ustified e&en
if sli%ht chan%e is made in terms of allotment - 2((2) CPC 121 #$C$
Allotment of s!ed - Case of non-payment of license fee for sheds allotted by DDA or lac4 of amenities do not
come under the pur&iew of Consumer Protection Act - 1!!)(2) CPC "*( #$C$
Allotment of s!op - Delay of 2-172 years in possession of allotted shop - Complaint entitled to relief5 as a
Consumer - 1!!*(1) CPC "1 Delhi
/6efund - Appellant failed to %et plan of allotted shop sanctioned from @unicipal Committee authorities -
Complainant entitled to refund of amount deposited - 1!!2 CPC *1" Delhi
13
--Chan%e in location of shops without consent of allottee #on-pro&idin% of %lass5 capsule and lift as a%reed
Appellant70P directed to refund deposited amount with 12: interest and compensation of 6s$ 2*5 2!(1) CPC "!1
#$C$
Allotment of site - Deficiency - ComplainantBs apprehension about liti%ation in plot was unfounded - 6elief
denied - 1!!1 CPC 1*" Har$
Allotment policy - Allotment after completin% all formalities became final - Cancellation of allotment under
new policy not +ustified - %ndustrial Assistan+e Group, Go&ernment o1 Har$ana &$ Ashutosh Ahlu2alia, 21(1) CPC )."
1$C$
/Chan%e in allotment policy cannot ad&ersly affect allottee retrospecti&ely - 2.(1) CPC "1. Chd$
/Chan%e in terms of allotment by subse2uent policy cannot affect ri%hts of old allottee 2(1) CPC 13( Chd$
Allotment &c!eme - Allottees were in arrears of instalment of plot price - Cannot claim interest on deposits
merely that allotments are chan%ed from 1cheme A to another 1cheme > - 2*(2) CPC 2(. -$P$
/0$P$ chan%ed the scheme of allotment unilaterally after recei&in% ma+or part of house price - 0$P$ directed to
refund deposits with compensation 6s$ 2*5 and !: interest - 2"(2) CPC (* 6a+$
--Claim for allotment of booth was re+ected upto ,i%h Court due to non fulfillment of terms of Allotment 1cheme
0rder of District 'orum ma4in% allotment cannot be sustained 21(1) CPC )3) ,r$
--Fithdrawal of scheme for allotment of flat does not amount to deficiency in ser&ice - 2"(2) CPC 1. Delhi
Allotment to disabled - Disabled person allotted plot at price 6s$ "25 - Demand of 6s$ 2* lacs after si9
years is un+ustified - 6ules cannot be chan%ed arbitrarily in this re%ard by Impro&ement 8rust - 23(1) CPC *!1 #$C$
Allotment to *inister - Complainant was allotted ?IE ,ouse which was later on allotted to a @inister -
Allotment of ?$I$E$ ,ouse to a @inister is ille%al - 1!!)(1) CPC )"( #$C$
Allotment to oustee - A person whose land has been ac2uired under De&elopment 1cheme has no absolute
ri%ht of allotment thou%h his case should be considered fa&ourably - 21(1) CPC 3* Pb$
/An oustee held entitled under the 1cheme to allotment of a plot by Impro&ement 8rust - 1!!3(1) CPC .(1 Pb$
/Complainant not fulfillin% conditions of policy of allotment as an oustee - #o deficiency in ser&ice on part of 0$P$
- 6elief declined - 2*(1) CPC 2*! #$C$
/?e%al heirs of %rand mother allottee cannot be denied e9ecution of title deeds of allotment - %mpro&ement .rust
Amritsar &$ A(it #in)h, 23(1) CPC "*! Pb$
Allotment to pensioners - Allotment denied to pensioner who was employee of Centre Eo&t$ - A pensioner
of Central Eo&t$ or Pb$ Eo&t$ cannot be discreminated for the purpose of allotment - 2.(1) CPC 2!2 Pb$
Allotment t!roug! lottery - Demand of e9tra char%es for allotment of corner plot as per rules is not ille%al
e&en if it is a draw of allotment by lottery 21(1) CPC .() 1$C$
Allotment+consumer Allottee of a house is a consumer under CP Act ,e is entitled to file a complaint for
deficiency in ser&ice 21(1) CPC 2! ,r$
Allotment+eecution of sale deed - DDA refused to e9ecute con&eyance deed as allottee failed to
produce #0C from financin% institution DDA committed no deficiency in ser&ice - 21(.) CPC 133 #$C$
Allotment+refund ,-DA failed to refund deposited amount for a period of 3 years 6efund made at
such a belated sta%e without interest ,-DA directed to pay !: interest on deposited amount 0rder upheld -
21(2) CPC (1( #$C$
Allotment+registration - 6i%ht of allotment not conferred on any applicant merely that he is re%istered under
the 6e%istration 1cheme - 1!!"(1) CPC 2* Pb$
Allottee,s liability - Allottees cannot be made liable to pay more amount as a result of redtapism on the part of
,$-$D$A$ employees - 1!!((2) CPC 2!( ,r$
--Allottee of ,-DA plot is liable to pay interest on the balance price e9cept for the period precedin% the
deli&ery of possession - 21(.) CPC !1 #$C$
Allottee,s c!oice - A widow claimin% an alternati&e plot of her choice for her security point of &iew - Demand
+ustified - ,$ -$ D$ A$ directed to do the needful - 1!!3(1) CPC .( ,r$
Allottee,s consent - Chan%e in allotment 1cheme without allotteeBs consent - Authorities held liable for
deficient ser&ice - *eerut De&elopment Authorit$ &$ Prem 0umar #ardana, 2(1) CPC 2" -$P$
Allottee,s fault - Allottee herself at fault as full plot price was not paid - Cannot claim deli&ery of possession
without clearin% dues - 2(1) CPC 12* Chd$
1!
--Allottee defaulted in payment of balance amount thou%h possession of house was deli&ered ,ousin%
>oard directed to reco&er recalculated amount and then e9ecute the sale deed - 21(.) CPC "". #$C$
--Allottee opted for another site - 'orfeiture of 1: of price of disputed plot by ,-DA upheld - #uneel 0apoor &$
Har$ana #tate %ndustrial De&elopment 'orporation, 2.(1) CPC *3 Chd$
/Complainant failed to deposit 2*: price of house within time - ,eld entitled to refund of earnest money with 13:
interest only - Authorities not liable for deficiency in ser&ice - 1!!((1) CPC .3" Chd$
Alteration of order - @ere interpretation of an order does not mean that Authority has altered its ori%inal
order - 1!!)(1) CPC )"* 6a+$
Alternative allotment - Allotment cancelled due to delay in payment of instalment on account of liti%ation -
Complaint entitled to alternati&e allotment - 1!!)(1) CPC ") #$C$
/Allotted plot sub+ected to liti%ation - ,$-$D$A$ directed to allot alternati&e plot on ori%inal price - #urinder
.al2ar &$ H.U.D.A. throu)h its 'hie1 Administrator, 2"(1) CPC 2* ,r$
/Complainant was allotted alternati&e plot a%ainst his willin%ness - Additional price not to be paid by allottee -
1!!)(2) CPC **. #$C$
--District 'orum cannot force allotment authorities to ma4e alternati&e allotment of a specific plot Any plot can be
allotted of same siJe and on same condition 0rder modified 21(1) CPC 2! ,r$
/Erant of further compensation is not necessary where complainant has been allotted an alternati&e plot on old
price - Delhi De&elopment Authorit$ &$ #an(a$ *ehta, 1!!!(1) CPC 1(" #$C$
/In case of delay due to liti%ation5 allottee is entitled to allotment of alternati&e plot - 1!!*(2) CPC .!2 ,r$
/0ri%inal plot under liti%ation - Alternati&e allotment should be made on old rates - 2"(1) CPC *.1 ,r$
/Alternati&e allotment made to complainant at ori%inal price - 0ther compensation7interest for mental a%ony
declined - 2"(2) CPC )3. 1$C$
/@68P Commission directed 0P to deli&er possession of allotted plot and to e9ecute fresh lease deed - 0rder
attained finality - 0rder upheld - 23(2) CPC )* 1$C$
/1tate Commission %ranted ad interim stay passin% an e9parte order in the case of allotment - Interference in
re&ision unwarranted but Commission was directed to decide the matter e9peditiously - 23(.) CPC .3 #$C$
Alternative flat - 0ri%inal flat was not in e9istence 8he order that same flat be allotted on same
conditions not a &alid order Allotment of alternati&e flat on same price is +ustified - 21(2) CPC ")2 #$C$
Alternative !ouse - Complainant failed to pay instalments in time - #ot entitled to allotment of alternati&e
house e9cept refund with 13: interest - 1!!((1) CPC 21" Chd$
Alternative plot - A person should not be declined allotment of a plot near his residence if it is a&ailable in the
&icinity - Har$ana Ur"an De&elopment Authorit$ &$ #mt. Roshni, 1!!((1) CPC *3( ,r$
/A purchaser of plot from ori%inal allottee cannot demand alternati&e plot on ori%inal price on the %round that
locality of plot has not been properly de&eloped - 21(1) CPC 123 ,r$
/A transferee of plot from ori%inal allottee cannot demand alternati&e plot from ,-DA as he is not a consumer -
2(2) CPC 1). Chd$
--Allotment Authorities made alternati&e allotment of plot as ori%inal allotment was under liti%ation 0P
is bound to ma4e the alternati&e plot at the rate on which ori%inal plot was allotted - 21(2) CPC .)) #$C$
--A widow claimin% an alternati&e plot of her choice for her security point of &iew - Demand +ustified - ,$-$D$A$
directed to do the needful - 1!!3(1) CPC .( ,r$
/Allotment authorities cannot compel a person to accept allotment of alternati&e plot - 6efund with interest allowed
- 1!!!(2) CPC "!. -$P$
/Allotment authority5 failed to allot alternati&e plot e&en after a%reement - ,eld liable to compensate the
complainant - G2alior De&elopment Authorit$ &$ A(it 0umar Baner(ee, 2(1) CPC 11 @$P$
/Allotted plot sub+ect of liti%ation - ,$-$D$A$ directed to allot alternati&e plot a&ailable in the area - 2"(1) CPC
2"! ,r$
/Allotted plot under unauthorised occupant - ,$-$D$A$ directed to allot alternati&e plot on old price - Har$ana
Ur"an De&elopment Authorit$ &$ /a&neet 0u""a, 1!!3(2) CPC 2"2 ,r$
/Allottee not bound to accept alternati&e plot at a far flun% place - 1!!((2) CPC !) ,r$
/Alternati&e plot was allotted as ori%inal one was under encroachment - Allottee to be allotted plot on ori%inal price
- 2.(1) CPC 2 #$C$
/An alternati&e plot bein% by way of an e9chan%e5 should be allotted on the price of ori%inal allotment - 3inod
0umar #rihan &$ Har$ana Ur"an De&elopment Authorit$, 1!!!(1) CPC 23. ,r$
2
/An alternati&e plot should be allotted at the same price which was char%ed for ori%inal plot - 1!!3(2) CPC 2"" ,r$
/An alternati&e plot was allotted to complainant as ori%inal one was under liti%ation - ,$-$D$A$ directed to char%e
the price at old rate - 1!!!(1) CPC )1) Chd$
--An oustee whose land is ac2uired under a De&elopment 1cheme has no ri%ht of allotment as of ri%ht - 1!!((1) CPC
".2 #$C$
--Complainant accepted allotment of alternati&e plot without any protest re%ardin% its price Cntitlement of
allotment at old price cannot be accepted 21(1) CPC 2.* ,r$
/Complainant allotted alternati&e plot at ori%inal price - Any other compensation cannot be %ranted to allottee -
2*(1) CPC *. #$C$
/Complainant allotted plot in prohibited area - Allottee not to suffer due to wron% act of ,$-$D$A$ - Directed to
allot alternati&e plot at ori%inal price - 1!!3(1) CPC )*1 ,r$
/Complainant failed to apply within prescribed period for alternati&e plot - Consumer +urisdiction is barred - H.R.
0hurana &$ Union o1 %ndia, 1!!)(2) CPC 12 DelhI
/Complainant held entitled to allotment of alternati&e plot as ori%inal one was under liti%ation but penalty of 6s$
* per day set aside - 1!!!(2) CPC 1! #$C$
/Complainant held entitled to allotment of alternati&e plot as ori%inal one was under liti%ation but penalty of 6s$
* per day set aside - 1!!!(2) CPC 11 #$C$
/Complainant held entitled to allotment of alternati&e plot as ori%inal one was under liti%ation but penalty of 6s$
* per day set aside - 1!!!(2) CPC 112 #$C$
--Complainant not deli&ered possession for 1 years due to liti%ation - ,eld entitled to allotment of alternati&e plot -
Har$ana Ur"an De&elopment Authorit$ &$ R. P. 'ha2la, 1!!((2) CPC !" ,r$
/Delay in deli&ery of possession as allotted plot was under unauthorised colony - Allotment of alternati&e plot
+ustified - Har$ana Ur"an De&elopment Authorit$ &$ #mt. Usha Lee4ha, 1!!!(2) CPC 223 #$C$
/Delay in deli&ery of possession as allotted plot was under unauthorised colony - Allotment of alternati&e plot
+ustified - 1!!!(2) CPC 1( #$C$
/Delay of 1 years in deli&ery of ,-DA plot - ,-DA directed to allot alternati&e plot and to pay 1*: interest on
deposit - Har$ana Ur"an De&elopment Authorit$ &$ Par&een 0umar, 1!!((1) CPC *3. ,r$
/Delay of 1* years in allotment of alternati&e plot as ori%inal was under liti%ation - ,-DA to char%e price of
ori%inal plot - 2((2) CPC )*( #$C$
/Delay of 1( years in deli&ery of possession due to encroachment - Allotment of alternati&e on old price ordered
with 6s$ 2 lacs - 1!!!(1) CPC 2" ,r$
/Delay of one decade in deli&ery of possession - ,$-$D$A$ directed to allot alternati&e plot on old price with 1*:
interest - 5ash Pal Gupta &$ .he 'hie1 Administrator, H.U.D.A., 1!!!(1) CPC 23) ,r$
/Delay of one decade in deli&ery of possession of plot - ,$-$D$A$ directed to allot alternati&e plot on old price -
6state 711i+er, Har$ana Ur"an De&. Authorit$ &$ Dr. #atish 0umar, 1!!3(2) CPC 22 ,r$
--,i%her price cannot be demanded on allotment of alternati&e plot pro&ided its area does not e9ceed the ori%inal
plot - 1!!!(1) CPC *"" A$P$
/,-DA should char%e price of alternati&e plot at the same rate at which ori%inal plot was allotted - ,owe&er5
allottee must pay enhancement in compensation5 if any5 for alternati&e plot - 22(1) CPC "1* ,r$
/,-DA should char%e price of alternati&e plot at the same rate at which the ori%inal plot was allotted if allottee is
not at fault - 22(1) CPC "2" ,r$
/,-DA should char%e the same price of alternati&e plots which was paid for the ori%inal plots - 1!!3(2) CPC 2.)
,r$
/It is settled law that alternati&e plot should be allotted at a price e2ui&alent to the price of ori%inal allotment -
2((2) CPC "!! #$C$
--It is settled that an alternati&e plot should be allotted at the old price of the ori%inal plot - 1!!3(1) CPC .)! ,r$
/Hho4ha owner claimed compensation from @unicipal Corp$ as his 4ho4ha was remo&ed without alternati&e
allotment - @$C$ not liable for deficient ser&ice as no commitment was made - *uni+ipal 'orporation, Amritsar &$
Behari Lal, 1!!3(2) CPC .)) Pb$
/#on deli&ery of possession as allotted plot was under possession of a factory - Authorities directed to allot
alternati&e plot with costs - Harsimran &$ %mpro&ement .rust, Batala, 22(2) CPC **3 Pb$
/#on deli&ery of possession as plot was under liti%ation - Alternati&e plot on ori%inal price must be allotted -
22(2) CPC .1" ,r$
/0ri%inal plot could not be deli&ered by ,$-$D$A$ - Complainant entitled to alternati&e plot at ori%inal price -
Har$ana Ur"an De&elopment Authorit$ &$ *rs. Poonam Railhen, 2"(1) CPC 11 #$C$
21
/0ri%inal plot under liti%ation - Alternati&e plot allotted at a distant place constitutes a deficiency in ser&ice -
AllotteeBs demand to be considered - Har$ana Ur"an De&elopment Authorit$ &$ #antosh A))ar2al, 1!!3(1) CPC )21 ,r$
/Possession not %i&en - Alternate plot allotted - ,-DA directed not to char%e interest penalty till offer of
possession of alternate plot - 23(.) CPC 13 #$C$
/Possession of ori%inal plot could not be %i&en to complainant - ,eld5 entitled to alternati&e plot on ori%inal price -
6state 711i+er, Har$ana Ur"an De&elopment Authorit$ &$ 0an2ar Rohit, 1!!3(1) CPC !) ,r$
/Possession of plot could not be deli&ered due to liti%ation - Complainant entitled to allotment of alternati&e plot at
ori%inal price - 1!!!(2) CPC )") Chd$
--8erms and condition 2ua alternati&e plot remains the same as applicable to ori%inal plot - ,-DA cannot char%e
enhanced price - Har$ana Ur"an De&elopment &$ #udershan Go)ia, 22(1) CPC "22 ,r$
/-ndue delay in allotment of alternati&e plot - Complainant entitled to 2": P$A$ interest from date of deposit not
from date of alternati&e allotment - 2"(1) CPC 2!! Pb$
/-ndue delay in deli&ery of possession of allotted plot - ,$-$D$A$ directed to allot alternati&e plot with 1*:
interest on deposit - 6state 711i+er, Har$ana Ur"an De&elopment Authorit$ &$ A&tar #in)h, 1!!3(2) CPC 21! ,r$
/-ndue delay in deli&ery of possession of plot due to pendency of liti%ation - ,-DA directed to allot alternati&e
plot and to pay 1*: interest on deposited amount - 2.(2) CPC 2!) #$C$
/Fhen allotment of an alternati&e plot becomes necessary5 it should be allotted on ori%inal price - 0ailash Ban)a
(*rs.) &$ 6state 711i+er, Har$ana Ur"an De&elopment Authorit$, 1!!!(1) CPC .)! ,r$
--Fhere ,ousin% authorities allotted an alternati&e plot it would be entitled to char%e price at which earlier plot was
allotted - 2!(2) CPC 1!1 #$C$
--Fhere petitioner was not allowed plot e&en after she %a&e consent for allotment of an alternati&e plot5 order of
District 'orum awardin% compensation bein% e2uitable5 upheld 2!(1) CPC 1)* #$C$
Alternative remedy - Alternati&e remedy a%ainst interlocutory order a&ailable to petitioner under C$P$ Act -
Frit petition before ,i%h Court not maintainable - 1!!3(2) CPC *32 Allahabad ,$C$
--0nce an a%%rie&ed party has e9hausted alternati&e remedy under a 1pecial Act Complaint under CP Act is not
maintainable - 2!(.) CPC *!2 1$C$
--Alternati&e remedy -7s 1( (b) not a&ailed a%ainst order of District 'orum - 6elief under Article 22( declined -
/a!eer Ahmed &$ 68e+uti&e 6n)ineer, A.P. Housin) Board.5 2*(2) CPC 2) A$P$ ,i%h Court
/,$-$D$A$ directed to allot alternati&e plot where ,$-$D$A$ was not at fault - Impu%ned order 2uashed in a writ
petition - Alternati&e remedy no bar - 1!!3(2) CPC 1 Pb$ G ,r$ ,i%h Court
--Complainant filed complaint after remainin% unsuccessful in alternati&e proceedin% before the Administrator5
,-DA Complaint under CP Act not maintainable 21(1) CPC )3* #$C$
--0nce complainant in&o4ed +urisdiction of ,-DA Act5 remedy under said Act should be e9hausted first
Complaint under CP Act not maintainable 21(1) CPC *3 ,r$
Amenities - A purchaser of site in open witness cannot stop to pay balance installment in the name of lac4 of
amenities or other disad&anta%es - 2!(2) CPC ) 1$C$
/Allotment made on Aas is where isB basis - Installment cannot be stopped by raisin% alle%ation of encroachment or
lac4 of facilities - 23(1) CPC .)! #$C$
--Allottee accepted allotment without le&ellin% of une&en land by P-DA ,e cannot claim relief on %round of lac4
of amenities 21(1) CPC 1!3 Pb$
--Allottee cannot be allowed to stop payment of installment5 interest or penalty by ta4in% the plea that necessary
amenities ha&e not been pro&ided in the area 2!(1) CPC *!! ,r$
/Allottee cannot be e9pected to ta4e possession unless necessary amenities are not pro&ided - 6efund of interest for
delayed payment ordered to be refunded - 2((2) CPC )2. #$C$
--Allottee not pro&ided amenity of electricity supply - Authorities directed to pay 6s$ 115 to allottee - 1!!3(1)
CPC 2!2 -$P$
-->uilder a%reed to pro&ide standby %enerator of 2* HDA which was not sufficient for residents of (" flats
0P held liable for deficiency in ser&ice - 21(.) CPC *** #$C$
--Cssential amenities not pro&ided by ,-DA #o document attached to pro&e the de&elopment wor4
before the District 'orum cannot be put on record without permission in re&ision #o relief entitled - 21(.)
CPC ."! #$C$
--6efund claimed as necessary amenities were not pro&ided upto " years after allotment Deduction of
1: by ,-DA un+ustified 0P directed to refund total price with 12: interest and costs - 21(.) CPC !
#$C$
22
/Allottees in arrears of instalments not entitled to relief on the alle%ation of lac4 of necessary amenities - 1!!((2)
CPC )! #$C$
--Allottees not pro&ided necessary amenities of water5 sewera%e and street li%ht etc$ - 0P directed to pro&ide
amenities with compensation and costs of 6s$ 2!5 in each case - 2.(2) CPC )1( Chd$
/Amenities as ad&ertised not pro&ided in the area - 0P directed refund deposited amount with !: p$a$ interest and
costs - #halimar 6state (Pri&ate) Ltd. &$ #hri De&inder *adan, 2.(1) CPC "( Chd$
/Authorities failed to pro&ide necessary amenities in the area of allotment - Allottee entitled to compensation of 6s$
25 with cost 6s$ 25 - 'handi)arh Administration throu)h 6state 711i+er &$ #unil #in)la5 2*(1) CPC *)2 Chd$
/>uilders are bound to deli&er possession of flat with necessary amenities as mentioned in the terms of a%reement -
2(1) CPC )") Eoa
/Case of non payment of license fee for sheds allotted by DDA or lac4 of amenities do not come under the pur&iew
of C$P$ Act - 1!!)(2) CPC "*( #$C$
--Cause of action for non pro&idin% of amenities %i&en in ad&ertisement would start from date of possession of flat-
22(1) CPC 222 Eoa
/Complaint a%ainst withdrawl of amenities a&ailed by tenant - @atter is co&ered under the Consumer Protection
Act - 1!!*(1) CPC .!) F$ >en%al
/DC1- could not pro&ide water as pipe line was not laid by @CD - Case of deficient ser&ice not established - A(a$
6nterprises Ltd. (*-s) &$ #mt. 0amlesh A))ar2al, 1!!)(2) CPC "*. #$C$
--,-DA failed to pro&ide necessary amenities - Area remained un-de&eloped - Allottee must be compensated -
Ashu Bhatia (*s.) &$ Har$ana Ur"an De&elopment Authorit$, 2.(1) CPC 2)! Chd$
--,-DA is entitled to claim interest on delayed installment Plea of pro&idin% amenities is not condition precedent
6elief declined 21(1) CPC "!) #$C$
/It is not re2uirement of terms of allotment that Administraton should pro&ide all amenities before allotment of site
- Interest on balance amount is payable by allottee as a%reed - 2)(1) CPC )!( Chd$
/@ere presence of bushes around the buildin% does not pro&e that area remains unde&eloped when other amenities
ha&e been pro&ided - A&tar #in)h Ri4h$ and 'ompan$ &$ 'handi)arh Administration, 1!!((1) CPC .)* Chd$
/#ecessary amenities not pro&ided to allottees - 0$P$ %uilty of deficient ser&ice - Gala8$ Apartments 72ners
Asso+iation &$ Dr. /.P.0. Ra(u, 1!!"(2) CPC *( A$P$
/#ecessary amenities not pro&ided to the member of club - Deficiency in ser&ice pro&ed - 9estern *aharashtra
%ndustrial *otel Pri&ate Ltd. &$ Dr. Bal4rishna Ram+handra *arathe, 1!!. CPC )1" @aha$
/#ecessary amenities not pro&ided within reasonable time - Allotment Authority directed to refund the deposits
with 13: interest - *uni+ipal 'oun+il, 0arnal &$ Ritesh 0umar 0aushi4, 1!!((2) CPC 1") ,r$
--#ecessary amenities of water5 li%ht roads etc$ not pro&ided to allottees of plots upto . years - Delayin%
construction on plot - Complainant held entitled to 13: per annum interest on deposits till facilities are pro&ided -
1!!!(2) CPC 2* Chd$
/#on pro&idin% of necessary amenities of water and electricity - Compensation to allottee restored - 2.(2) CPC
(. #$C$
--Possession of plot offered in 22 #e&er came forward to ta4e possession Installment amount not deposited in
spite of bein% informed #ot entitled to relief - 2) (1) ,66 "1 1$C$ applicable- 2!(2) CPC )3" #$C$
/Purchase of commercial buildin% found lac4in% necessary amenities - >uilder held liable for deficiency in ser&ice
- 1!!((1) CPC )** #$C$
/6espondent failed to pro&ide necessary amenities in the apartment - Allottee entitled to refund with compensation
- 1!!. CPC )1. @aha$
/1C0 for 6s$ 215125"3 allotted - #ecessary facilities nor pro&ided in area - Complainant entitled to 13: p$a$
interest on deposits and 6s$ 235 as cost and compensation with facilities - 2.(1) CPC 2) Chd$
--1ewera%e connection5 electricity and street li%ht5 water connection pro&ided to the locality - Pro&ision of public
toilet and car par4in% not necessary for construction wor4 - :arnail #in)h &$ 'handi)arh Administration, 22(2) CPC
2 Chd$
/8enant a&ailin% amenities held to be consumer under the Consumer Protection Act - 1!!"(2) CPC *2" 0rissa
/8he opposite party a%reed to pro&ide draina%e facilities to the complainant - Complainant may brin% fresh
complaint in case the promise is not fulfilled - 1!!2 CPC 22) #$C$
Amenities in flat - >uilders 7 respondent failed to pro&ide necessary amenities in flat - Complainant awarded
6s$ 2351( as compensation - 1!!1 CPC 12( @aha$
2.
Amount of claim - Insured property destroyed in fire - ?oss assessed at 6s$135)"5*!" by sur&eyor - ?oss as
assessed by sur&eyor would be payable with 12: interest - 2((1) CPC )2. #$C$
Apartment - Apartment not constructed due to restrictions raised by Eo&ernment - >uilders directed to refund
deposits with 13: interest and pay 6s$ 25 - 1!!3(1) CPC )(! Delhi
/Cnhancement of apartment price about * times of the ori%inal price - Promotors held liable for misconduct and
%ross ne%li%ence - A(a$ 0hanna &$ 7me)a 'ommer+ial P&t. Ltd., 1!!*(1) CPC )(" #$C$
--6efund 0P failed to construct apartment boo4ed within stipulated period Alle%ation of payment duly pro&ed
from e&idence by way of affida&it of the complainant 0rder of refund by fora below upheld 2!(1) CPC "*" #$C$
Apparent error - 6e&iew of order under CP Act is permissible only when there is an error apparent on the face
of record - #e+retar$, Rour4ela De&elopment Authorit$ &$ #aras2athi Beura5 23(1) CPC )1. #$C$
Appeal - Carlier appeal on identical %rounds dismissed - 1ubse2uent appeal not maintainable - 'hie1
Administrator, H.U.D.A. &$ Rahul :ain, 1!!!(2) CPC 12 ,r$
/@ere filin% of appeal a%ainst a particular +ud%ment5 does not operate as stay in other pendin% cases of similar
nature - Pa2an 0atial &$ Ansal Housin) and 'onstru+tion Ltd., 1!!2 CPC )3* ,r$
/@ere filin% of appeal does not operate as an automatic stay of the order under challen%e - 1!!. CPC .") -$P$
/#on compliance of condition of *: deposit of re2uisite amount before appeal - Dismissal of appeal upheld -
*uni+ipal 'orporation, ,arida"ad &$ Anita *ittal, 2)(1) CPC "!2 ,r$
/0rder passed on application for e9ecution - Appeal a%ainst such order not maintainable - 2*(1) CPC .23 1$C$
/6e2uisite amount under pro&iso to 1ection 1* of C$P$ Act not deposited - Appeal dismissed as not maintainable -
2*(2) CPC "3. ,r$
/0nce appeal a%ainst order of District 'orum has been dismissed5 re&ision before 1tate Commission not
maintainable - Har$ana Ur"an De&elopment Authorit$ &$ *rs. Ra( *utre(a, 1!!!(2) CPC 1.1 ,r$
/1in%le order passed on two separate complaints - 1in%le appeal not maintainable - 8wo separate appeals should be
filed - Har$ana Ur"an De&elopment Authorit$ &$ *rs. Rita Bhita, 2((2) CPC 21 ,r$
/Appeal a%ainst order passed u7s$ 2( of Consumer Protection Act does not lie - 0nly re&ision can be filed - 1!!!(2)
CPC "3* -$P$
/An appeal shall be deemed to ha&e been filed when the certified copy is filed with the appeal - 1!!"(1) CPC )2
Delhi
Appeal+complaint - Appeal is continuation of main complaint - 1!!)(2) CPC 213 #$C$
Arbitrariness - 0ther similarly situated allottees were allotted the plot - Complainant cannot be denied
allotment - 1!!3(2) CPC 13( Pb$
--An allottee cannot be compelled to pay enhanced price in comparasion to other allottees of same lot - 1!!!(1) CPC
")) Pb$
Arbitrary )rder - Difference in amount of forfeiture in cases of similar nature - 0rder bein% arbitrary cannot
be sustained - 2"(2) CPC "*. Chd$
Arbitration clause - An arbitration clause in a%reement for construction of buildin% is no bar in see4in% relief
under C$P$ Act - 3. :a$apalan, 'ontra+tor &$ #udha Ara&ind, 21(1) CPC 1"3 Her$
--Presence of Arbitration Clause in contract of allotment cannot oust +urisdiction of consumer fora 211(1) CPC
*2 Pb$
Arc!itecture,s service - Complainant failed to pro&e deficient ser&ice of Architect - ,u%e claim of 6s$
1(5!253. un+ustified - *a$ur 'o-op. Group Housin) #o+iet$ Ltd. &$ *-s. 7san & Asso+iates, 2.(1) CPC )*( Chd$
Arc!itect - Drawin% for " storeyed buildin% was ne&er contemplated - 0$P$ duly 2ualified to prepare two storeyed
buildin% - #o deficiency in ser&ice committed by 0$P$ - 2*(2) CPC 1 @$P$
Arc!itect,s fault - Architect duty confined to super&ision and timely &isits to site which was duly done - ,e is
not liable for deficient ser&ice of complainantBs contractor - 2.(1) CPC )*( Chd$
Arc!itect,s liability - District 'orum directed 0P Architect to pay 6s$ 11 as compensation for not si%nin%
house plan - #o written contract between parties - Impu%ned order set aside - 2.(2) CPC )() Chd$
Auction - Property purchased in auction does not come under pur&iew of C$P$ Act - A(a$ 0umar Gupta &$ Delhi
De&elopment Authorit$, 1!!"(2) CPC *2* Delhi
--Allotment 1: of the amount deposited Allotment letter not issued 1ale is not final5 the authority has the
discretion to cancel the bid Compensation awarded by 'oras below set aside 211(1) CPC *(" #$C$
2"
Auction of plot - A purchaser of plot in open auction is not a consumer under Consumer Protection Act -
1!!!(2) CPC (" Pb$
/Complaint re%ardin% plot purchased in auction - Complicated issues in&ol&ed - Ci&il 1uit is proper remedy -
1!!)(2) CPC *3" #$C$
--Plot purchased in a public auction by complainant - Complaint does not lie under Consumer Protection Act -
1!!)(1) CPC 11" #$C$
/Plot in dispute purchased in public auction - Consumer +urisdiction is barred - Har$ana Ur"an De&elopment
Authorit$ &$ 'onsumer Disputes Redressal 'ommission, Har$ana, 1!!)(1) CPC 11* (PG, ,$C$)
Auction of s!ops - Cantonment >oard auctioned shops in commercial comple9 - >oard directed to pro&ide
e9ternal facilities - Complainant held entitled to compensation for lac4 of facilities - Delhi 'antonment Board &$ #.0.
0apoor & Asso+iates, 2)(2) CPC 2.! #$C
Auction purc!aser - It is settled that e&en an auction purchaser of plot is entitled to in&o4e +urisdiction of
Consumer A%encies - Har$ana Ur"an De&elopment Authorit$ &$ Ram 0umar, 1!!((1) CPC *3" ,r$
Auction sale - Complainant successful bidder in auction deposited re2uired amount - 1ale set aside due to
attachment - 0pposite party directed to refund the amount with 1: interest - 22(1) CPC )3" Her$
Auction sale Complainant failed to deposit 2*: of bid amount Carnest money forfeited in terms of
auction sale Consumer 'oras cannot %rant relief in matter arisin% out of auction sale due to absence of any
arran%ement of hirin% of ser&ice for consideration 6elief declined - 2!(.) CPC 1(. #$C$
Award of interest - Award of 13: interest on deposits a%ainst *: interest permitted by rele&ant re%ulation
cannot be sustained - *: interest is +ustified - 2*(2) CPC )(3 1$C$
/Award of interest in case of allotment re&ised from 1*: to 13: by #ational Commission - Interest at the rate of
1*: held to be +ustified - 2"(2) CPC ." 1$C$
/Erant of interest and compensation should co-relate with in+ury or loss in each case - 2"(2) CPC 2(* 1$C$
/P-DA failed to complete de&elopment wor4s and %ot appro&al of Jone within prescribed period - 1tate
Commission ri%htly directed payment of interest on interest amount - 23(2) CPC 22! #$C$
--0P 4ept amount of 6s$ 253!57- without allotment of desired 0rchard for 1! years 0P directed to refund
deposited amount with 12: interest and compensation of 6s$ *5 - 2!(2) CPC "( #$C$
-alance installments - >uilders failed to complete construction of house as per terms of a%reement Directed
to complete construction before demandin% balance installments 211(1) CPC 2.2 #$C$
-asement - #on deli&ery of possession of basement for apprehension of its misuser - Authorities directed to
deli&er the possession of flat - 1!!!(1) CPC *32 #$C$
-asic amenities - Car par4in% and public toilets do not come under basic necessities of an allottee - :arnail
#in)h &$ 'handi)arh Administration, 22(2) CPC 2 Chd$
/Cantonment >oard auctioned shops in commercial comple9 - >oard directed to pro&ide e9ternal facilities -
Complainant held entitled to compensation for lac4 of facilities - Delhi 'antonment Board &$ #.0. 0apoor & Asso+iates,
2)(2) CPC 2.! #$C$
--Interest of delayed installment cannot be refunded mere an ob+ection of lac4 of basic amenities 211(1) CPC )(*
Pb$
/Cntire amount paid - >asic amenities not pro&ided to allottee - P$-$D$A$ directed to pro&ide amenities and pay
1*: interest on deposits with 6s$ *5 as compensation - 2"(1) CPC *2( Pb$
-asic order - >asic order passed by 1tate Commission cannot be &aried or modified under 1ection 2( of the Act
- 1!!)(2) CPC 22 #$C$
-eneficiary - A transferee of ,-DA plot bein% beneficiary and potential user is a consumer under the
Consumer Protection Act - 0idar /ath &$ .he 6state 711i+er, HUDA, 1!!)(2) CPC )1) ,r$
-oot! Allotment - >ooth for startin% P$C$0$ could not be installed due to threat of %oondas - 0$P$ directed to
allot alternati&e booth - 2"(2) CPC .2* 0rissa
/6eduction in area of booth - ,$-$D$A$ should complete the area and to pay 6s$ 2525 as compensation -
1!!!(1) CPC 21) ,r$
-oot! transfer - 8ransfer of booth cannot be refused by subse2uent chan%e in policy of allotment or sanction of
plan - 6state 711i+er, Har$ana Ur"an De&elopment Authorit$ &$ #hri Ramesh 'haudhar$, 2.(1) CPC "1. Chd$
2*
-reac! of contract - A case of breach of contract between two commercial concerns5 cannot be tried under
Consumer Protection Act - 1!!*(2) CPC *." Har$
/Complaint for the breach of contract is not maintainable under the Consumer Act when there is no element of
hirin% the ser&ice - 1!!2 CPC 1"! #$C$
-uilders - Apartment not constructed due to restrictions raised by Eo&ernment - >uilders directed to refund
deposits with 13: interest and pay 6s$ 25 - 1!!3(1) CPC )(! Delhi
/>uilder cannot claim price of co&ered area on account of supper area or area under balconies - 1!!*(1) CPC 23.
Delhi
/>uilder delayin% construction without reasons - ,eld liable to refund deposit with 13: interest P$A$ and pay 6s$
2*5 - 1!!)(2) CPC 31 #$C$
/>uilder failed to complete construction of flat within stipulated period - >uilder directed to return total amount
with 13: interest and cost - 22(2) CPC .!2 Her$
/>uilder failed to complete construction of flat within stipulated period - Directed to refund deposit with 12:
interest - 1!!!(1) CPC ".1 #$C$
/>uilder failed to con&ert a%ricultural land to residential purpose and delayed possession for 3 years - >uilder
liable to refund amount with 13: interest - 1!!((1) CPC 2.. #$C$
/>uilder failed to deli&er possession of flat within stipulated period - Directed to refund total amount with !:
interest p$a$ - 1!!3(2) CPC .) Eoa
/>uilder failed to pro&ide necessary amenities in the house - Complainant held entitled to additional compensation
of 6s$ one la4h with 13: interest and cost - 2(1) CPC )") Eoa
/>uilder fails to complete construction within stipulated time - Compensation 6s$ 2.5)3! by District 'orum &alid -
22(1) CPC "3" 8$#$
-->uilder not constructin% house within a%reed time - ,eld liable for deficiency in ser&ice - 1!!)(2) CPC 2(! #$C$
/>uilder used substandard material with bad wor4manship - Allottee to be compensated ade2uately - 1!!((1) CPC
2.3 #$C$
/>uilders constructed houses as per sanctioned plan and a%reement - @inor short fall in saleable area does not
amount to deficiency in ser&ice - 1!!!(2) CPC *!3 1$C$
-->uilders delayed construction of house in &iolation of a%reement- ,eld liable to compensate the complainant -
1!!((1) CPC "22 #$C$
/>uilders delayed the construction of flat for about 1 years - Allottees held entitled to interest on deposits at the
rate of 13: per annum - 1!!*(1) CPC )*3 #$C$
/>uilders despite payment for flat failed to deli&er its possession in time - Directed to pay compensation with 13:
interest - 21(2) CPC *() #$C$
/>uilders failed to complete buildin% within stipulated period - ,eld liable for deficiency in ser&ice - 1!!!(1) CPC
)3* Delhi
/>uilders failed to complete construction of house within stipulated period - ,eld liable to pay 13: interest on
deposits and also compensation 1 lac and cost of 6s$ 15 - 2(2) CPC ... -$P$
/>uilders failed to complete construction wor4 and to pro&ide necessary facilities - ,eld liable for deficiency in
ser&ice - 22(2) CPC ". #$C$
/>uilders failed to complete constructions with necessary amenities within time - 1tate Commission is directed to
decide the contro&ersy on merits instead of remandin% it to the District 'orum - 1!!)(2) CPC )*( #$C$
/>uilders failed to complete the construction of flat within stipulated period - ,eld liable to pay 2": interest on
deposits as a%reed - 1!!)(1) CPC .1) 8$#$
/>uilders failed to comply with terms of a%reement by delayin% the possession of flat - ,eld liable for deficient
ser&ice - 1!!)(2) CPC .1! #$C$
/>uilders failed to hando&er possession of flat within stipulated period - Directed to refund amount with 2":
interest and compensation - #. 3en4ataraman &$ *-s. G.0. 'onstru+tions, 1!!((1) CPC )(* 8$#$
-->uilders not constructin% the flat within stipulated period - Complainant held entitle to refund the price of flats
with 13: interest - 1!!)(2) CPC 1(! #$C$
/>uilders failin% to construct allotted flats within a%reed time - Directed to refund price with 13: interest - 1!!((1)
CPC 3) #$C$
/>uilders not completin% construction within stipulated period - ,eld liable for deficiency in ser&ice - 1!!*(1)
CPC ** #$C$
/>uilders not constructin% the flat within time - ,eld liable to refund deposit with interest - 1!!*(1) CPC .! Delhi
2)
/Complaint re%ardin% delayed construction not maintainable after deli&ery of possession and e9ecution of ,ire
Purchase 8enancy A%reement5 under C$P$ Act - 1!!3(1) CPC )( ,$P$
/Inordinate delay in deli&ery of possession of flat - Complainant allottee entitled to 13: interest on deposit -
1!!)(2) CPC .23 #$C$
/?esser area of shop i$e$ 1* s2$ ft$ instead of 2(! s2$ ft$ %i&en to allottee - 6efund of deposit for lesser area allowed
- 1!!3(1) CPC 2". #$C$
/0pposite party failed to %et the plan of plot sanctioned from Authority - Directed to refund deposits with 1*:
interest - 1!!!(1) CPC )32 A$P$
/Purchase of commercial buildin% found lac4in% necessary amenities - >uilder held liable for deficiency in ser&ice
- 1!!((1) CPC )** #$C$
/8enements remained unallotted after draw of lots - >uilders directed to include complainants in draw of lots and
refund deposit unit 13 : interest if he is not successful - 1!!)(2) CPC 1(2 #$C$
/8wo soa4well pro&ided for 1ocietyBs tenement found to be sufficient - >uilders not at fault for not pro&idin% more
soa4wells - 1!!)(2) CPC "21 #$C$
-uilder and Purc!aser - 8ransaction reduced in writin% between builder and purchaser - Purchase price
mentioned in the deed is to be accepted in preference to other e&idence - 2((1) CPC **1 1$C$
-uilder,s fault - Allottee refused to accept alternate flats as they were not located in %ood locality - Deposited
amount detained for ten years by builder - >uilder directed to refund the amount with 1(: interest - 23(.) CPC )2 #$C$
-->uilder failed to complete construction of flat within a%reed time - Directed to refund total amount with !:
interest and cost - 2((1) CPC 1"* Delhi
--Defects Compensation held to be on hi%her side without any basis >uilders had sent an emissary offerin% a sum
towards the full and final settlement shows that the 0Ps had committed deficiencies in ser&ice 0rder of District 'orum
restored - 21(.) CPC .1 #$C$
/>uilder a%reed to %i&e built up area of (1. s2$ ft$ which was found to be )"3 s2$ ft$ after measurement - 0P
builder directed to pay 6s$ ("5)2* as compensation and cost of less area with cost and 12: interest - 2((1) CPC ."
#$C$
/>uilders failed to complete construction of house within a%reed time - Directed to refund total amount 6s$
115)*5 with 2": interest and 6s$ **5 as compensation - 2.(2) CPC 1*2 Har$
/>an4 in collusion with >uilder acted a%ainst interest of complainant - @ort%a%ed house of complainant was sold
fraudulently - 0P directed to pay compensation of 6s$ 15!35 - 23(2) CPC )2! #$C$
/>uilder failed to complete construction within a%reed time - Directed to refund entire deposit with 13: interest
and cost of 6s$ 15 - 2.(2) CPC 22) #$C$
/>uilder failed to deli&er possession of flat in accordance with a%reement - 0$P$ directed to refund the amount with
2": interest or re%ister the flat in complainantBs name - 2.(2) CPC **! #$C$
/>uilder failed to deli&er possession of house within stipulated time after recei&in% payment due to non-sanction of
layout plan - 0P directed to refund deposited amount with 12: interest and cost 6s$ 155 - 2((2) CPC 2"2 #$C$
/>uilder failed to pro&ide Cle&ator for ( years contrary to a%reed terms of a%reement - ?ift pro&ided - 6s$ *5
awarded as compensation for delay of ( years - 2)(1) CPC 1* Pb$
/>uilder failed to pro&ide %ara%e as a%reed alon%with deli&ery of flat - 0$P$ directed to pay compensation of as
directed to pro&ide a car shed or to pay 6s$ *5 - 2*(2) CPC (1 #$C$
/>uilder failed to pro&ide shop premises in commercial buildin% in &iolation of a%reement - Directed to pay 6s$ .
lacs with !: interest - 2"(2) CPC 2. @aha$
-->uilder failed to pro&ide necessary facilities and possession also not deli&ered despite recei&in% payment 0P
liable for deficiency in ser&ice as cause of action was continuin% Complaint is not barred by time 211(1) CPC )2
#$C$
-->uilders failed to deli&er possessions of flat despite full payment Directed to refund balance amount with !:
interest 211(1) CPC 21* #$C$
/>uilder ma4in% specific statement re%ardin% price of house - >ac4in% out of his statement amounts to a deficiency
of ser&ice - Plea of lac4 of +urisdiction pertainin% to fi9ation of price repelled - 23(2) CPC ".) #$C$
/>uilders after recei&in% total price of flat failed to complete construction wor4 within a%reed time - 6espondent
liable to pay 1: interest on deposit with cost of liti%ation and to deli&er possession of flat - 2((2) CPC .)3 #$C$
/>uildin% not constructed as per Architect drawin% - 1tair case defecti&e - >uilders directed to pay compensation
of 6s$ .55 - 2*(1) CPC )3. #$C$
2(
--Construction of flat a%reed to be completed within 1* to 13 months not completed - #o basic amenities pro&ided -
0$P$ directed to refund deposited amount with 3: interest and cost 6s$ 15 - 'handi)arh Builders and Promoters Ltd.
&$ Dharam De&, 2"(1) CPC *13 Chd$
/Contractor raised defecti&e construction - Directed to pay 6s$ 135 as compensation - 2"(1) CPC "
-ttranchal
/Delay in possession of flat was due to +udicial proceedin% - #o time for completion of construction stipulated in
a%reement - 6elief declined to complainant - 2((2) CPC 232 #$C$
/Directions were issued by 1tate Commission to builder to deli&er possession of flat5 without considerin%
ob+ections of builder about commission report - @atter remanded for fresh decision - 2.(2) CPC 2"1 #$C$
/,ouse not constructed within a%reed time - >uilders directed to refund entire amount with 3: per annum interest
- 6ate of interest cannot be re&ised - 2"(1) CPC ** Chd$
/0$P$ builders raised construction on %round floor lea&in% no par4in% for &ehicle a%ainst terms of a%reement -
Directed to remo&e the same - 2*(1) CPC )(1 @$P$
/0$P$ was directed to pay *5*25 with 13: interest or to pro&ide alternati&e premises as allotted flat was not fit
for human habitation - 2((2) CPC *!) #$C$
/1tructural defects pro&ed in ArchitectBs reports - -nderta4in% by 0$P$ to remo&e defects within one rainy season -
0$P$ liable to pay 6s$ 2 la4h as compensation - 2((2) CPC **( #$C$
-uilder,s liability - >uilders completin% construction e&en prior to stipulated period - Purchaser directed to
ma4e payment to >uilders - 1!!((2) CPC .*) #$C$
/Complainant made partial payment for construction of house which was not completed by the de&elopers -
>uilders directed to re-pay the amount with 11: interest - 2.(1) CPC 11 #$C$
-->uilder a%reed to pro&ide standby %enerator of 2* HDA which was not sufficient for residents of (" flats 0P held
liable for deficiency in ser&ice - 21(.) CPC *** #$C$
--1ite allotted by builder occupied by third party after recei&in% payment 'ora below directed builder to refund
deposited amount of 6s$ )353 for deficiency in ser&ice - 21(.) CPC )!! #$C$
/Construction of flat not in accordance with sanctioned plan - >uilders directed to pay cost of 6s$ *5 to
complainant - 2((1) CPC "(1 #$C$
/>uilders failed to complete wor4 of flat and e9ecute sale deed - Directed to do the needful with compensation cost
and interest - 2.(1) CPC 21* #$C$
--Complainant made payment of balance amount to a%ent actin% on behalf of builder >uilder is bound by
act of his a%ent Directed to issue #0C and e9ecute con&eyance deed - 21(2) CPC "1. #$C$
/Delay in construction and deli&ery of possession to allottee not e9plained satisfactorily - Allottees held entitled to
compensation - 1!!*(1) CPC ))) #$C$
-uilder,s negligence - >uilder failed to deli&er possession of shop despite payment of full price - Directed to
deli&er the possession with payment of 6s$ 13: interest - 22(2) CPC (* #$C$
-->uilders had offered possession of constructed buildin% throu%h two letters which was i%nored by the complainant
>uilders not at fault ,owe&er5 complainants are entitled to ): interest on the deposited amount - 21(.) CPC 1**
-$P$
-->uilders failed to start construction wor4 e&en after . years from receipt of money - ,eld %uilty of unfair trade
practice - 1!!((1) CPC 111 #$C$
/Delay of three years in possession despite payment - >uilder directed to refund the amount with 13: interest -
2)(2) CPC .2) #$C$
/Possession of house delayed by builder for balance of petty amount - Complainant entitled to compensation of 6s$
*5 payable after deduction of balance amount - 2)(2) CPC (12 #$C$
/-ndue delay of ) years after possessin% of flat in issuance of completion certificate constitutes a deficiency in
ser&ice - 2.(1) CPC .*. @aha$
-uilder,s service - Defects were found in construction of tenements by builder - #ecessary facilities were also
not pro&ided - >uilder made to pay 6s$ 15!)5* for buildin% defect - 2.(1) CPC )3 #$C$
/>uilder failed to carry out construction wor4 causin% loss to complainant - Directed to refund deposited amount
alon%with !: interest and cash amount of 6s$2*5 as compensation - 2((1) CPC 2"" #$C$
/>uilders failed to deli&er constructed flats within stipulated period after recei&in% the amount - Complainant
allowed 6s$ "15 as dama%es with 13: interest - 22(2) CPC *32 #$C$
/>uilders failed to complete construction of flat and its deli&ery to complainant - Directed to refund total price with
compensation of 6s$ 25 with 13: interest - 2.(1) CPC *!! @aha$
23
/0$P$ builder failed to comply with terms of @$0$-$ - Directed to Pay 13: interest on the deposited amount -
2"(2) CPC ). #$C$
-uilding - @$C$ authorities con&erted par4 in a buildin% in lay out - Act of @unicipality is not co&ered under the
Consumer Protection Act - 1!!*(1) CPC )1) #$C$
-uilding activities - >uildin% acti&ities come under the ambit of Consumer Protection Act - 1!!)(2) CPC **)
#$C$
-uilding and boundary wall - >uildin% machinery and stoc4 co&ered under the policy - ?oss caused by
collapse of boundary wall of factory - Claim cannot be repudiated on the %round that boundary wall is not a buildin% -
22(2) CPC #$C$ """
-uilding bye-laws - Construction raised in &iolation of buildin% bye laws - Demolition not proper - Diolation
should be compounded on payment of fee - 2.(1) CPC *)1 ,r$
-uilding construction - #on-construction of buildin% within a%reed time is a denial of ser&ice under
Consumer Protection Act - 1!!)(2) CPC **) #$C$
/6espondent failed to deli&er possession of flat within stipulated period - Complainant held entitled to refund of
deposits with interest and compensation - 1!!*(1) CPC ).2 8$#$
/6espondent-builder constructed the flat with many shortcomin% and defects - ,eld liable for deficiency in ser&ice
- 1!!)(2) CPC **) #$C$
-uilding contract - A party not completin% the contract of reno&ation of buildin% within stipulated time is
%uilty of deficient ser&ice - 1!!"(2) CPC ( -$P$
-uilding damage - ComplainantBs buildin% was dama%ed due to defecti&e water proofin% treatment - Cntitled
to compensation - Lt. 'ol. B./. #harma &$ *-s. #...P. Ltd., 1!!2 CPC *( #$C$
-uilding damaged by flood - >uildin% with stoc4 and machinery insured with 0P co&erin% ris4 of flood
water etc$ - >uildin% collapsed due to hea&y floods - 0P directed to ma4e full claim of 6s$151.5*(2 as assessed by
sur&eyor - 2((1) CPC 2)* 1$C$
-uilding defect - 1e&eral defects found in the flat purchased from 0P - -ndue delay in possession and
installation of lift - 0$P$ directed to pay compensation with interest and cost - 2)(1) CPC 2*2 #$C$
-uilding material - Insurance claim cannot be repudiated merely that insured buildin% material when stolen5
was lyin% in the ad+acent plot - Pro1. #.'. :ain &$ .he 7riental %nsuran+e 'ompan$ Ltd., 1!!)(1) CPC *)1 Chd$
-uilding plan - A @unicipal Corporation cannot be held liable for refusal of sanction of buildin% plan under the
Consumer Protection Act as it is %o&erned by a 1tatutory 6ules - 1!!*(1) CPC "1 #$C$
/@atter relatin% to sanction of buildin% plan - ,eld not to be consumer dispute - 2.(2) CPC *(1 #$C$
/#on sanction by buildin% plan - 6emedy of appeal not a&ailed under rele&ant law - Complaint under C$ P$ Act not
maintainable - 2*(2) CPC 2*1 6a+$
/Plot sold without %ettin% layout sanctioned from De&elopment Authority - >uilders liable to compensate the
allottee - 2(1) CPC 2 A$P$
-uilding plan fee - A fee paid for sanction of buildin% plan is not a consideration for ser&ice - It is a statutory
le&y under the Act - 1!!*(1) CPC "1 #$C$
-uilding wor. - Complicated issues in&ol&ed in complaint re%ardin% defect in construction of buildin% - Ci&il
Court is proper forum for relief - 21(2) CPC 132 Chd$
-urden of proof $ 0nce appellant has denied ser&ice of notice >urden under section 11" (e) of C&idence Act
has shifted to respondent 2!(1) CPC 1"" 1$C$
Calculation of interest - ,-DA committed mista4e in calculation of instalments and interest thereon -
Directed not to char%e any interest - 1!!)(1) CPC )2 ,r$
Cancellation of allotment - Cancellation of allotment due to default committed by the complainant adoptin%
dilatory course for recalculation of monthly installments Cancellation of allotment +ustified5 only refund of deposited
amount with interest directed 2!(1) CPC 23) #$C$
--Allottee failed to comply with the condition of allotment by ma4in% default in payment Cancellation of allotment
+ustified 0rder of Authority below set aside - 21(.) CPC 2(3 #$C$
--Complainant failed to pay basic amount for allotment 6etainin% the balance installments with alle%ation of
demand of e9cessi&e rate of interest is not permissible Cancellation of plot allotment upheld 21(1) CPC *)! #$C$
2!
--Complainant not depositin% instalments in time - ,ousin% >oard not liable to compensate for cancellation of
allotment - 1!!2 CPC ! Chd$
--,-DA cannot cancel allotment of plot to complainant whose land was ac2uired and who had deposited price of
plot 21(1) CPC .() #$C$
/1tory of complainant that he deposited balance amount throu%h a draft deposited with cler4 of department5 pro&ed
to be false - Cancellation of allotment +ustified - 23(2) CPC 2*" ,r$
Cancellation of flat - Complainant already ha&in% a commercial site in the locality - Cancellation of allotment
of residential house on this %round not +ustified - 22(2) CPC .)( Chd$
Cancellation of plot - Allottee failed to pay balance installment as possession was delayed and de&elopment
were not alle%edly carried by ,-DA - Cancellation of allotment with forfeiture of 1: price upheld - 23(1) CPC 1*
,r$
/#o 0b+ection Certificate denied to allottee who failed to raise construction - 0rder of cancellation of plot is
un+ustified - 1!!)(2) CPC ..! #$C$
--0nce allottee has surrendered the allotted plot5 ,-DA is entitled to cancel the allotment with forfeiture of 1:
deposited amount 21(1) CPC ).* ,r$
--Plot in 2uestion transferred throu%h EPA on 3$1$1!!( Cancellation of EPA on 1$.$2* will not affect the
transfer of plot 6elief %ranted by District 'orum upheld 21(1) CPC 2. #$C$
Cause of action - A complaint cannot be held as time barred where cause of action is still continuin% - 21(1)
CPC 2.* -$P$
--A sum of 6s$ )* deposited for allotment in 1!3 - Complaint filed in 1!!( pertainin% to refund cannot be
dismissed as time barred - 22(2) CPC ))3 #$C$
/Cause of action continues till possession of allotted house is deli&ered - 2"(1) CPC 22 @aha$
--Cause of action is not deemed to ha&e arisen at the place wherefrom only earnest money for plot has been sent -
1!!3(1) CPC .." Delhi
/Complaint can be filed only at a place where a cause of action has accrued - 2(2) CPC .. Pb$
/Complaint cannot be dismissed as time barred when there is continuity in cause of action - Gur"a8 #in)h &$
Pun(a" Ur"an Plannin) and De&elopment Authorit$5 1!!3(2) CPC *( Chd$
/@ere deposit of balance of plot price does not %i&e a fresh cause of action - Complaint bein% time barred from
date of auction of plot is liable to be dismissed - 1!!3(2) CPC ".) Pb$
--Payment deposited at Harnal re%ardin% plot situated at ,ardwar - Complaint can be filed at Harnal where part of
cause of action has accrued - Ansal Housin) and 'onstru+tion Ltd. &$ Parma /and, 1!!3(2) CPC 1)! ,r$
/Plot not allotted after deposit of earnest money - Cause of action continues from refusal of allotment till filin% of
complaint - 1!!3(2) CPC 22) @$P$
Cause of justice - Delay of 12* days due to sufficient reasons5 became necessary to be condoned for impartin%
+ustice - Delay condoned - Har$ana Ur"an De&elopment Authorit$ &$ Bri) (Retd.) 0aran #in)h, 23(2) CPC 2 ,r$
Category of plot - ,$-$D$A$ chan%ed cate%ory of plots from utility to economy without any instructions -
,$-$D$A$ held liable for deficiency in ser&ice - 1!!3(2) CPC 2"1 ,r$
Cement poor quality - 1ub-standard 2uality cement supplied 1tren%th of cement reduced by at least ": as
per %uidelines @anufacturer5 trader and dealer +ointly and se&erely held liable for compensation of 6s$ 1 lacs with !:
interest - 2!(2) CPC 21" #$C$
Cements defect 2 ba%s of cement purchased Cement was not %rippin% effecti&ely Costly tiles bro4en and
sewera%e system dama%ed by use of cement 6espondent directed to compensate the appellant 21(1) CPC .! Pb$
Certified copies - An appeal shall be deemed to ha&e been filed when the certified copy is filed with the appeal
- D.D.A. &$ .irath Dass Arora, 1!!"(1) CPC )2 Delhi
--Delay in supply of certified copy 'ee for copy was paid out of own &olition of applicant as no statutory fees was
prescribed Complainant is not a consumer nor there is any ser&ice rendered by 0P 2!(1) CPC 1! #$C$
--0P could not issue certified copy of e9parte order as it was not in their custody 0P cannot be held liable for
deficiency in ser&ice 21(1) CPC 12* #$C$
C!ange in Address - 1ubse2uent chan%e in address of District 'orum cannot be i%nored for determination of
its territorial +urisdiction - 6state 711i+er, HUDA Pan+h4ula &$ Bal Ram, 21(1) CPC *(" Chd$
C!ange in policy - 1ite plan with re2uisite fees submitted in accordance with e9istin% policy - 1anction of plan
cannot be affected by subse2uent chan%e in policy - 2.(1) CPC ". Chd$
.
C!ange in /ules of allotment - Disabled person allotted plot at price 6s$ "25 - Demand of 6s$ 2* lacs
after si9 years is un+ustified - 6ules cannot be chan%ed arbitrarily in this re%ard by Impro&ement 8rust - 23(1) CPC *!1
#$C$
C!ange of site - Chan%e of site without notice to 1ociety - Authorities liable to compensate the allottee 1ociety
- 1!!!(1) CPC 2) Chd$
C!ange of user - >oth the 'ora below allowin% e9ecution application directed petitioner70P to implement the
ori%inal order allowin% respondent to chan%e purpose of use of site Impu%ned 0rder warrants no interference in re&ision
211(1) CPC *!. #$C$
C!aritable view - #ecessary facilities of roads etc$ not pro&ided to allottee - 0nly a charitable &iew in
awardin% to4en compensation is un+ustified - Case remanded - 2*(1) CPC **) Chd$
C!oice of Plot - Alternati&e allotment cannot be made at the choice of allottee at particular place - 6state
711i+er, H.U.D.A., Gur)aon &$ Deep 'hand #harma, 2"(1) CPC *.1 ,r$
Civil jurisdiction - Complainant re%ardin% deficiency in ser&ice 2ua completion of house - Complaint to be
decided on merit without rele%atin% matter to ci&il court - 21(2) CPC *(! Chd$
/Complaint by allottee of plot in a 1hoppin% Comple9 alle%ed to be underde&eloped - Complainant not satisfied
with report of @ember of 'orum - Complaint rele%ated to Ci&il Court - 1!!3(2) CPC 23" ,r$
/Complaint re%ardin% plot purchased in auction - Complicated issues in&ol&ed - Ci&il 1uit is proper remedy -
1!!)(2) CPC *3" #$C$
/Claborate e&idence re2uired to pro&e the complicated issues in the case - Ci&il Court is the proper 'orum to
decide the matter - 1!!"(2) CPC .21 ,r$
Clean !ands - Pendency of proceedin%s before ,i%h Court not disclosed - Complainant not comin% with clean
hands - 6elief declined - 2(1) CPC 121 Chd$
Coercion $ 1ettlement of dispute put into writin% #o coercion pro&ed 6elief declined 2!(1) CPC 31 #$C$
Collection from plot !older - Coloniser collected money for plot e&en before obtainin% license for colony
0rder passed for refund of money does not suffer from any error - 21(.) CPC (23 #$C$
Coloniser - Coloniser after ha&in% recei&ed full price is bound to %et the sale deed re%istered - Cancellation of
coloniserBs license under ,aryana Act5 1!(* is no bar - 1!!((1) CPC ""1 #$C$
/Coloniser failed to allot a plot e&en after recei&in% payment of 6s$ 1525.! Directed to refund said amount with
interest at the rate of 13: per annum to the complainant - 1!!3(2) CPC )(. Chd$
Coloniser,s liability Coloniser collected money for plot e&en before obtainin% license for colony 0rder
passed for refund of money does not suffer from any error - 21(.) CPC (23 #$C$
--Coloniser collected money for plot e&en before obtainin% license for colony 0rder passed for refund of money
does not suffer from any error 211(1) CPC 22! #$C$
Colony - Allottee cannot be forced to ha&e a plot in another colony by ,ousin% 1ociety - 1!!*(1) CPC 2!* Delhi
/Colony sanctioned by Mila Parishad and not by Eo&t$ - Allottee can withdraw from membership and claim interest
on deposit - 1!!)(1) CPC )3* Chd$
Commercial building - Purchase of commercial buildin% found lac4in% necessary amenities - >uilder held
liable for deficiency in ser&ice - 1!!((1) CPC )** #$C$
Commercial comple - It was not within control of authorities to pro&ide water supply to commercial
comple9 - Authority not at fault - 1!!)(2) CPC "*. #$C$
Commercial flat - 6efund of total payment paid for commercial flat accepted as full and final settlement by
complainant - 'urther relief declined - 22(2) CPC 12 #$C$
Commercial plot - C&en Commercial plots purchased in auction are co&ered under the Consumer Protection
+urisdiction - *unshi Ram 'hha"ra &$ Har$ana Ur"an De&elopment Authorit$, 1!!((2) CPC 1"( ,r$
/8here is no difference in residential or commercial plot for the purpose of renderin% ser&ice u7s$ 2 (1)(o) of C$P$
Act - Complaint cannot be dismissed merely that plot is commercial - 1!!!(1) CPC 3) ,r$
Commercial purpose - Commercial plot purchased for self employment - Complainants are consumer under
1ection 2(1)(d) of the Act - .ara #in)h &$ *uni+ipal 'orporation, 'handi)arh5 2"(1) CPC .( Chd$
--Plea of commercial purpose cannot pre&ail where allotment was for earnin% li&elihood of alloteeBs son 211(1)
CPC *2 Pb$
.1
Commercial+residential flat - Allotment of commercial flat to complainantBs husband is no bar to allotment
of residential flat to her - 1!!((2) CPC *). Chd$
Commissioner,s report As per report of ?ocal Commissioner se&eral defects in construction were detected
Compensation of 6s$ 25)25*7- based on the report of Commissioner upheld 211(1) CPC ""* #$C$
Commitment by mista.e - Allotment in Asecond cate%oryB assured thou%h by mista4e - Allotment to be
made as per underta4in% - 1!!!(2) CPC *(( #$C$
Common complaint - Alle%ations made in complaint by se&eral complainants found to be identical -
Common complaint by &arious complainants held maintainable - 2.(2) CPC *11 -$P$
Common facilities - ,ousin% >oard cannot be allowed to raise construction in areas reser&ed for public
purposes - :aspal #in)h &$ 'hairman, Ra(asthan Housin) Board, 1!!)(1) CPC 2!3 6a+$
/,ousin% >oard is duty bound to ta4e care of common facilities till ownership ri%hts are transferred to @embers of
>uildin% 1ociety - *.P. Housin) Board &$ #u"hash+handra A4uli, 1!!3(2) CPC ). @$P$
/@unicipal Corporation after ha&in% recei&ed the necessary amount is e9pected to pro&ide necessary facilities to
the Colony of ,ousin% 1ociety - 1!!)(2) CPC *1 #$C$
Community Centre - Community centre reser&ed for marria%e - Cancellation of reser&ation and allotment in
fa&our of third party amounts to deficiency in ser&ice - *uni+ipal 'oun+il &$ #.'. 'hopra, 1!!((1) CPC .) ,r$
Community Certificate - Complaint re%ardin% non issuance of Community Certificate is not maintainable
under Consumer Protection Act - 1!!*(2) CPC ))) #$C$
Compelled litigation ,-DA compelled its allottee to approach Consumer 'orum a%ainst char%in% of
compound interest on the balance money 6e&ision filed by ,-DA dismissed with cost of 6s$ *5 - 21(.) CPC "!3
#$C$
Compensation - A plot of ) s2$ yds$ found less by !2$* s2$ yds$ on spot - Allottee held entitled to refund of
e9cess price paid alon% with compensation of 6s$ 25 for sufferin% mental a%ony - 2.(2) CPC .( Pb$
/Ade2uate compensation for delayed possession awarded by authorities below - Interference in re&ision declined -
2((1) CPC .2 #$C$
/After awardin% 13: interest on deposited amount in the form of compensation5 other relief is not to be %ranted for
delay in deli&ery of possession by ,-DA - 22(2) CPC )3) #$C$
--After deposit of 6s$ 25(*5 as earnest money for allotment5 scheme was withdrawn Appellant P-DA directed
to pay interest amount of 6s$ 1"5. with cost of 6s$ 2* 21(1) CPC .3 Pb$
--Allotment authorities cannot compel a person to accept allotment of alternati&e plot - 6efund with interest allowed
- 1!!!(2) CPC "!. -$P$
--Possession not deli&ered Area reduced by 0P 'orum directed to pay compensation of 6s$ 2 lacs with 21:
interest Compensation set aside in appeal As per a%reement5 0P liable to pay interest ; !: p$a$ instead of 21: p$a$
211(1) CPC !. #$C$
--6efund of deposited amount allowed with 13: interest 'urther compensation not permissible as interest has been
awarded 211(1) CPC .1! Harnata4a
/Allotment authority failed to e9ecute sale deed to plot e&en after recei&in% full amount - 0P directed to e9ecute
sale deed with compensation and 13: interest - 22(2) CPC 31 #$C$
/Allotment authority refused to e9ecute re%istration of deed after deli&ery of possession of allotted plot - Directed
to e9ecute the deed and pay 6s$ ! as compensation - 2.(2) CPC *!) #$C$
--0P was directed to 6s$ 257- per day whiche&er is less and also to pro&ide necessary facilities as 0P had recei&ed
the price but possession not deli&ered 0rder upheld 211(1) CPC ") #$C$
/Allotment chan%ed to another 1ector a%ainst willin%ness of allottee - Allotment Authority directed to refund
deposited amount with 13: interest and 6s$ *5 - 2((1) CPC ** #$C$
--As per report of ?ocal Commissioner se&eral defects in construction were detected Compensation of 6s$
25)25*7- based on the report of Commissioner upheld 211(1) CPC ""* #$C$
--Allotment of booth assured to be a corner booth which found not correct 0P directed to pay compensation of 6s$
* lacs with cost of 6s$ 157- for committin% unfair trade practice and act of cheatin% 211(1) CPC *2 Pb$
/Allotment 1cheme withdrawn by P$-$D$A$ after ha&in% recei&ed earnest money from many applicants - P$-$D$A$
directed to refund the deposits with !: interest per annum - 2*(1) CPC ")( Pb$
/Allottee could not raise construction on allotted 1C0 site due to fault of authority - Authorities directed to pay
13: interest on deposited amount with 6s$ .5 compensation - %ndra Arora &$ 'handi)arh Administration throu)h its
'hie1 Administrator, 2.(1) CPC )(! Chd$
.2
/Allottee paid substantial amount but possession was delayed by ,$-$D$A$ - Allottee entitled to 1*: interest on
deposits - Deduction of 8$D$1$ by ,$-$D$A$ un+ustified - 2"(2) CPC )!2 1$C$
/Allottees not pro&ided necessary amenities of water5 sewera%e and street li%ht etc$ - 0P directed to pro&ide
amenities with compensation and costs of 6s$ 2!5 in each case - 0uldeep #in)h &$ 'handi)arh Administration throu)h
its 'hie1 Administrator, 2.(2) CPC )1( Chd$
/Allottees should be ade2uately compensated for inaction of authorities in allotment and deli&ery of possession of
plots7flats7houses - 21(2) CPC ).* #$C$
/Alternati&e allotment made to complainant at ori%inal price - 0ther compensation7interest for mental a%ony
declined - 2"(2) CPC )3. 1$C$
/Amount 4ept by P-DA for si9 years without allotment of plot - Directed to refund the deposited amount with
13: p$a$ interest for si9 years - 2(1) CPC "(! Pb$
/Application for allotment with deposits misplaced in ,-DA office - ,-DA liable to pay earnest money with 1:
interest and cost7compensation 6s$ )5 - 2)(1) CPC 11 #$C$
--Authorities failed to pro&ide necessary amenities in the area of allotment - Allottee entitled to compensation of 6s$
25 with cost 6s$ 25 - 2*(1) CPC *)2 Chd$
/Award of 13: in housin% ser&ices cases cannot be %ranted - It depends upon facts of each and e&ery case - 12:
interest held +ustified - 2"(2) CPC )*! 1$C$
/Award of compensation for escalation in cost un+ustified when allottee is compensated by rise in cost of land -
0ther compensation upheld - 2"(2) CPC "3) 1$C$
/Award of interest on compensation amount is not proper when benefit of increase in price of land is %i&en by
ma4in% alternate allotment - 2"(2) CPC "!. 1$C$
/Award of other compensation is not warranted when complainant can be compensated by payment of interest -
1!!!(1) CPC )3* Delhi
/>oardin% of plane was denied despite confirmed air tic4et - Complainant held entitled to tic4et cost and +ourney
e9penses with interest - 1peculati&e compensation declined - 2)(1) CPC 2. #$C$
/>uilder a%reed to %i&e built up area of (1. s2$ ft$ which was found to be )"3 s2$ ft$ after measurement - 0P
builder directed to pay 6s$ ("5)2* as compensation and cost of less area with cost and 12: interest - 2((1) CPC ."
#$C$
-->uilder failed to carry out construction wor4 causin% loss to complainant - Directed to refund deposited amount
alon%with !: interest and cash amount of 6s$2*5 as compensation - 2((1) CPC 2"" #$C$
-->uilder failed to complete construction of flats despite recei&in% the amount >uilders directed to refund deposits
with 1": p$a$ interest and cost of 6s$ 2*5 21(1) CPC 2*" #$C$
/>uilder failed to deli&er possession of flat in accordance with a%reement - 0$P$ directed to refund the amount with
2": interest or re%ister the flat in complainantBs name - 2.(2) CPC **! #$C$
/>uilder failed to deli&er possession of house within stipulated time after recei&in% payment due to non-sanction of
layout plan - 0P directed to refund deposited amount with 12: interest and cost 6s$ 155 - 2((2) CPC 2"2 #$C$
/>uilder failed to pro&ide %ara%e as a%reed alon%with deli&ery of flat - 0$P$ directed to pay compensation of as
directed to pro&ide a car shed or to pay 6s$ *5 - 2*(2) CPC (1 #$C$
/>uilder failed to pro&ide necessary amenities in the house - Complainant held entitled to additional compensation
of 6s$ one la4h with 13: interest and cost - 2(1) CPC )") Eoa
-->uilder raised constructed flat with lesser hei%ht of apartment causin% loss to the complainant 0rder of District
'orum directin% 0P7builder to pay dama%es of 6s$ 15*57- with cost of 6s$ )57- +ustified - 2!(2) CPC .*" #$C$
-->uilder raised construction of flat with sanction of plan which complainant a%reed to purchase for 6s$ 2)5)5 -
1how cause notice to >uilder by @unicipal Corporation to demolish construction 0P directed to refund price with
interest and cost 2!(1) CPC 133 Har$
-->uilder used material of poor 2uality causin% defect in construction >uilder directed to pay 6s$ "5()5 with
13: interest and cost of 6s$ 25 for deficient ser&ice 21(1) CPC ".1 #$C$
/>uilders failed to complete construction of flat and its deli&ery to complainant - Directed to refund total price with
compensation of 6s$ 25 with 13: interest - 2.(1) CPC *!! @aha$
/>uilders failed to complete construction of flat within stipulated time of two years - Directed to refund total price
with 13: interest - 22(1) CPC 2(1 #$C$
/>uilders failed to complete construction of house within a%reed time - Directed to refund total amount 6s$
115)*5 with 2": interest and 6s$ **5 as compensation - 2.(2) CPC 1*2 Har$
/>uilders failed to complete construction of house within stipulated period - ,eld liable to pay compensation 1 lac
with interest and costs - 2(2) CPC ... -$P$
..
/>uildin% not constructed as per Architect drawin% - 1tair case defecti&e - >uilders directed to pay compensation
of 6s$ .55 - 2*(1) CPC )3. #$C$
/Compensation awarded due to defect in construction of flat on lower side - Compensation enhanced from 6s$
*5* to 6s$ 15 - 6emainin% part of order not affected - 2"(2) CPC "12 Chd$
/Compensation cannot be denied merely that it would affect the 1tate C9che2uer - 1!!((1) CPC "2 #$C$
/Compensation in the form of interest awarded - 0ther amount of compensation disallowed - 22(2) CPC .21 ,r$
/Compensation in the form of interest awarded - 0ther compensation was wai&ed off - 22(2) CPC .1( ,r$
/Complainant allotted alternati&e plot at ori%inal price - Erant of other compensation not necessary as allotment at
ori%inal rate is an ade2uate relief - 1!!!(1) CPC .)( ,r$
/Complainant insistin% on payment of compensation instead of remo&in% defect in construction - Direction issued
for remo&al of defect - 2"(1) CPC *. @$P$
/Complainant is entitled to compensation of 6s$ *5 as cost of construction and 6s$ 1*5 as liti%ation cost -
,-DA is directed to deli&er possession of plot within 2 months - Complaint accepted - 2.(2) CPC 2) Chd$
/Complainant not &i%ilant for claimin% refund of plot price - #ot entitled to claim interest on deposit - 21(1)
CPC "2" #$C$
/Complainant paid 6s$ 225 out of 6s$ .5 for a %ara%e - 6espondent not constructin% the %ara%e for ) years -
Complainant allowed 6s$ 1)5 as compensation - 1!!1 CPC .3( ,$P$
/Complainant remained unsuccessful in draw of lots of plot - 6efund of deposited amount 6s$ 3 with 1: P$A$
interest is ade2uate relief - 2.(1) CPC 12) Pb$
/Complainant was unable to use the allotted plot under liti%ation - De&elopment >oard had already intimated to
complainant in this re%ard - Compensation of 6s$ . lacs reduced to 6s$ 1 lac only - 2((2) CPC *" 1$C$
/ComplainantBs name was not included repeatedly in the list of draw of lots - P$-$D$A$ directed to allot plot at
ori%inal price with compensation of 6s$ *5 - 1!!!(1) CPC 1(3 Pb$
/Construction of flat a%reed to be completed within 1* to 13 months not completed - #o basic amenities pro&ided -
0$P$ directed to refund deposited amount with 3: interest and cost 6s$ 15 - 2"(1) CPC *13 Chd$
/Corporation failed to refund deposited amount e&en after cancellation of plot5 directed to refund deposits with !:
p$a$ interest - 2)(1) CPC 23) Pb$
/Deficiency in ser&ice found in construction of house - >uilders directed to pay compensation of 6s$ )5() with
15* costs - 22(1) CPC 2(* #$C$
/Delay in deli&ery of possession by ,$-$D$A$ despite payment of price - Directed to pay 1*: interest on deposited
amount and refund 8$D$1$ etc$5 if deducted - 2*(1) CPC 223 1$C$
--Delay in re&alidation of plan despite e9tension fee paid - ?ater on e9cessi&e amount of fee demanded - ,-DA
directed to re&alidate plan without char%in% any fee and to pay compensation of 6s$ )5 - 2)(2) CPC .)1 ,r$
/Delay of 1 years in %i&in% possession of plot - ,-DA directed to pay a sum of 6s$ 1 with 1*: interest -
Demand of 6s$ " lacs re+ected in absence of pleadin% - 21(2) CPC *23 Chd$
/Delay of 11 years in deli&ery of possession - ,$-$D$A$ to pay 13: interest per annum from two years after date of
allotment to date of offer of possession - 2"(1) CPC *.2 ,r$
/Delay of 1-172 years in possession of flat - Complainant held entitled to 13: interest on deposits with cost -
22(2) CPC )*! #$C$
/Delay of 13 years in deli&ery of possession of plot - P$-$D$A$ directed to pay compensation of 6s$ ! lacs with
13: interest - Dr. Dal"ir 0aur Dhillon &$ .he Pun(a" Ur"an Plannin) and De&elopment Authorit$5 1!!!(1) CPC .". Pb$
/Delay of . decades in deli&ery of possession - ,u%e amount of interest paid on balance instalments - 0$P$ to
refund amount with interest and 6s$ *5 as compensation - 2"(1) CPC 232 Pb$
--Delay of ( years in deli&ery of possession of alternati&e plot - Complainant entitled to compensation of 6s$ *5
- Har$ana Ur"an De&elopment Authorit$ &$ 3ed Par4ash, 1!!!(2) CPC ))" Chd$
/Delay of ( years in deli&ery of possession of plot - ,-DA directed to pay 6s$ )(5 as dama%es to complainant -
0.L. /a)pal &$ .he 'hie1 Administrator, 1!!!(2) CPC ))) Chd$
/Delay of (-172 years in deli&ery of possession - Area not fully de&eloped - ?ac4 of amenities - ,$-$D$A$ directed
to pay sum of 6s$ 2525 with 1*: interest to complainant - 1!!!(1) CPC 2"" ,r$
/Delay of 3 years in deli&ery of possession - ,-DA directed to pay 6s$ 25 with 12: p$a$ interest - 'hie1
Administrator, Har$ana Ur"an De&elopment Authorit$ &$ *rs. Ran(ana A))ar2al5 22(2) CPC 221 Chd$
/Delay of 3 years in deli&ery of possession of plot - ,$-$D$A$ directed to pay 6s$ 2 lacs with 1*: interest and
deli&er possession within one month - 1!!!(1) CPC ."3 ,r$
/Delay of ! years in deli&ery of possession - ,-DA directed to pay 6s$ *5 with cost to complainant - 21(2)
CPC .!1 Chd$
."
/Delay of ! years in deli&ery of possession after recei&in% full payment by ,-DA - ,-DA directed to refund full
amount with 13: interest p$a$ and compensation of 6s$ **5 - 2(2) CPC )1" Chd$
/Delay of more than 2 years in deli&ery of possession - Allotee entitled to 13: interest from date after 2 years of
allotment - 6s$ 2 lacs for enhanced costs - 2.(1) CPC "3 Chd$
/Delay of one decade in %i&in% possession of plot - ,$-$D$A$ directed to pay 6s$ 2525 as compensation -
1!!!(1) CPC 23. ,r$
--Delay of one 2uarter of century in deli&ery of possession of ,-DA plot after payment - ,-DA directed to deli&er
plot at ad+acent site and to pay 6s$ *5 - 1!!)(2) CPC )1! ,r$
/Delay of two years in deli&erin% of the possession of ,-DA plot - Compensation of 6s$ .25 for escalation of
construction cost and mental a%ony upheld - 22(1) CPC )21 #$C
/Deli&ery of possession delayed on technical ob+ections - 6espondent directed to 6s$ 252*3 to allottee - 1!!((1)
CPC 212 Chd$
/Demand of e9cessi&e amount with compound interest e&en without deli&ery of possession - 0$P$ directed to
deli&er possession with compensation of 6s$ 1 lacs - 2((2) CPC )31 #$C$
/Demand of only reasonable compensation is proper where deficiency in ser&ice is pro&ed - Demand of hu%e
compensation is un+ust - 0amlesh Pil2an &$ :ai Bharat 'o-7perati&e House Buildin) #o+iet$, 1!!((2) CPC .22 ,r$
/Determination of 6s$ 135( spent on repairs by allottee by 1tate Commission without any co%ent reasons -
Amount reduced to 6s$ 15( - 1!!)(2) CPC ..( #$C$
/De&elopment Authority abandoned the 1cheme after recei&in% price of plot - #o alternati&e plot was allotted -
Complainant entitled to refund of entire price with 12: interest and compensation - 22(2) CPC 2" -$P$
/Disproportionate compensation without indicatin% the basis of assessment5 cannot be sustained - 1!!((2) CPC ".
1$C$
--Cntire amount paid - >asic amenities not pro&ided to allottee - P$-$D$A$ directed to pro&ide amenities and pay
1*: interest on deposits with 6s$ *5 as compensation - 2"(1) CPC *2( Pb$
/Cntire price of plot deposited but possession not deli&ered to allottee - ,-DA directed to pay a compensation of
**5 with 12: interest per annum for ne%li%ence - 2(2) CPC )13 Chd$
/EDA char%ed double interest on outstandin% instalments arbitrarily - Complainant remained out of possession for
a lon% period of 1) years - 6efund of double interest with compensation of 6s$ 35 ordered - 23(2) CPC 2.) #$C$
/Erant of further compensation is not necessary where complainant has been allotted an alternati&e plot on old
price - Delhi De&elopment Authorit$ &$ #an(a$ *ehta, 1!!!(1) CPC 1(" #$C$
--,$-$D$A$ cancelled allotment forfeitin% deposits unlawfully - Directed to refund amount with 1*: interest and
cost of 6s$ 1*5 - 2"(2) CPC .1( 1$C$
/,$-$D$A$ retainin% e9cess amount without reason - ,eld liable to pay 12: interest on the amount for delayed
period - 2"(2) CPC 23! 1$C$
/,ouse allotment - 6espondents allotted the site not owned by them - ?iable to refund the deposit with 12:
interest - 1!!1 CPC 21. Delhi
--,ouse constructed by 0P started tiltin% to one side 0P directed to re-construct or pay 6s$ 25"5 as per report
of Ci&il Cn%ineer - 21(.) CPC *.! @$P$
--,ouse not allotted e&en after receipt of **: price - Authorities directed to refund deposits with 13: interest -
1!!!(1) CPC 13. #$C$
/,ouses were deli&ered in 1!!( at a price a%reed in 1!3) when &alue of plot had %one up more than 1 time
benefitin% the allottee - 'urther compensation for delayed possession declined - 2((1) CPC (2! 1$C$
/,ousin% >oard ha&in% recei&ed amount for allotment of house delayed deli&ery of possession for ! years -
Directed to refund entire amount with interest compensation and cost - 2(2) CPC .(3 -$P$
/,ousin% >oard5 after recei&in% total price delayed possession of house for ei%ht years without +ustification - 0P
directed to pay 12: p$a$ for ei%ht years period and deli&er possession of house - 23(2) CPC 1(( @$P$
/,-DA committed deficiency in ser&ice by not deli&erin% possession of allotted plot - Compensation of 6s$
2*5 with 1*: interest held to be reasonable - 2.(1) CPC )1) #$C$
--,-DA delayed deli&ery of possession of plot for 2) years nor it pro&ided necessary amenities ,-DA is directed
to pay compensation7cost of 6s$ 1.5 plus 6s$ "5 for escalated price of materials 21(1) CPC *." #$C$
/,-DA delayed possession of allotted plot for ( years - Directed to pay 13: interest on deposits with )5 as
cost - 21(2) CPC 11* Chd$
/,-DA failed to deli&er possession of plot after recei&in% price of plot for a lon% period - Directed to refund total
deposits with 1*: interest - 2(1) CPC *.) Chd$
.*
/,-DA found %uilty of deficiency in ser&ice in renderin% ser&ice relatin% to allotment of plot - Compensation and
cost at 6s$ (* ri%htly awarded to complainant - 21(2) CPC .31 ,r$
/,u%e claim of 6s$ 1(5!253. from Architect for deficient ser&ice with co%ent and tan%ible e&idence - 'ull
consideration not paid by complainant - Complaint dismissed with costs of 6s$ *5 - 2.(1) CPC )*( Chd$
/Impro&ement 8rust delayed possession of plot for ! years - Directed to pay 6s$ one la4h as compensation with
13: interest and to deli&er possession within a month - 1!!!(1) CPC ".( Pb$
/Impro&ement 8rust made undue delay in deli&ery of possession of flat - Clectricity installation found to be
defecti&e - Directed to pay 6s$ *5 for delayin% possession - 21(2) CPC "( Pb$
/Interest in form of compensation %ranted - 6elief in other form is not permissible - 2.(1) CPC *2. ,r$
/Interest on deposited price of flat claimed after possession was deli&ered payment of interest declined in &iew of
Pan4a+ EuptaBs case (*(" of 21) - 2"(1) CPC 12 Chd$
/@aterial used in construction of house found to be defecti&e and of substandard - >oard directed to refund full
amount with 13: interest and 6s$ )15 costs - 22(2) CPC .2( ,$P$
/@atter relatin% to demolition of buildin% pendin% for ten years showin% malicious attitude of 0P - Compensation
enhanced from 6s$ 1*5 to 1 la4h with cost 6s$ 2*5 - 2)(1) CPC )1( #$C$
/@IE flat constructed by the ,ousin% >oard found in dilapidated condition - >oard directed to refund entire price
with 12: p$a$ interest and costs - 22(2) CPC .)2 Chd$
/#e%li%ence - Complainant suffered hu%e loss due to inordinate delay in deli&ery of possession of plot - ,$-$D$A$
directed to pay 6s$ 2 lacs plus 6s$ 25 as compensation - 1!!!(1) CPC 2.* ,r$
/#o e&idence on 2uantum of compensation is necessary when the matter is self e&ident - De&4i Rani &$ Har$ana
Ur"an De&elopment Authorit$, :ind5 1!!. CPC 1*. ,r$
/#o house was allotted for 3 years despite deposit of earnest money - P-DA directed to allot house on ori%inal
price to complainant and pay 6s$ ** as enhanced cost of construction - 21(1) CPC ! Pb$
/#on allotment of plot by ,-DA for lon% - Award of 13: interest on deposit +ustified - 2(1) CPC 2*! 1$C$
--#on deli&ery of house despite payment 6efund of deposited amount with 13: p$a$ interest with compensation of
6s$ 1 la4h +ustified 2!(1) CPC *12 #$C$
/#on deli&ery of possession of plot by ,$-$D$A$ - ,$-$D$A$ directed to deli&er possession with 1*: interest -
2"(2) CPC )(1 1$C$
/#on deli&ery of possession of 1C' purchased in open auction for 6s$ 3$)1 lacs - 0P directed to deli&er possession
with amenities G cost of 6s$ *5 - 2.(1) CPC 2* #$C$
/#on deli&ery of possession5 e&en after completion of de&elopment in area - ,-DA directed to 6s$ *5 with
13: interest after 2 years of deposited amount - 2.(1) CPC 1! Chd$
/#on pro&idin% of necessary amenities of water and electricity - Compensation to allottee restored - 2.(2) CPC
(. #$C$
/#on-deli&ery of shop and flat within stipulated period despite payment - >uilders to refund price with 13:
interest - Ga"riel ,ernandes &$ #h. :ose :oao Domin)os Godinho, 21(2) CPC 22 Eoa
/0$P$ chan%ed the scheme of allotment unilaterally after recei&in% ma+or part of house price - 0$P$ directed to
refund deposits with compensation 6s$ 2*5 and !: interest - 2"(2) CPC (* 6a+$
/0$P$ Company failed to allot ,oliday 6esort Apartment despite payment of 6s$ 15153(* Directed to refund the
amount with 13: interest and cost 6s$ 15 - 22(2) CPC ).. ,P
/0$P$ failed to deli&er possession of shop within a%reed time - 0$P$ directed to pay 6s$ "*5 compensation -
2*(1) CPC ..( #$C$
/0$P$ installed defecti&e lift causin% serious in+ury to complainantBs wife - Directed to Pay 6s$ *5*5 with !:
interest - 2"(2) CPC )(" 1$C$
/0$P$ not ma4in% allotment of promised land - Directed to refund deposit with interest and cost - 2"(1) CPC 21"
Delhi
/0nce deli&ery of physical possession of plot has been ordered5 no further compensation can be awarded without
e&idence of loss - Har$ana Ur"an De&elopment Authorit$ &$ *-s. Amit .raders, 1!!!(1) CPC 3* ,r$
--0P builder ha&in% recei&ed re2uisite amount refused to e9ecute the sale deed of flat 0P directed to e9ecute the
sale deed after recei&in% balance amount and to pay compensation7cost of 6s$ .5 to complainant 21(1) CPC 21.
#$C$
/0P failed to complete construction of house in time despite payment of amount - 0P directed to complete
construction and deli&er its possession and also to pay interest on the deposited amount - 23(2) CPC 1(1 @$P$
/0P failed to deli&er possession of flat despite payment of full amount - Complainant held entitled to refund of
deposit with 13: interest - 2.(1) CPC 1) #$C$
.)
--0P failed to ma4e allotment of site and to e9ecute sale deed despite payment of price Directed to refund price
with compensation and interest at the rate of 13: p$a$ - 2!(2) CPC 2(! #$C$
--0P 4ept amount of 6s$ 253!57- without allotment of desired 0rchard for 1! years 0P directed to refund
deposited amount with 12: interest and compensation of 6s$ *5 - 2!(2) CPC "( #$C$
--0P was directed to pay compensation for casin% default in allotment of plot Award of compensation of 6s$
155 cannot be allowed when interest has also been allowed 0rder modified 21(1) CPC 21* ,r$
--0pposite Party usin% sub-standard material in construction of ,ouse - Directed to pay compensation of 6s$ 325*
to complainant - Dr. #. L. *ahes2ari &$ 3. A. *ohanram, 2"(1) CPC *(( 8$#$
--0ther compensation need not be %ranted when compensation in the form of payment of interest is
ade2uate - 21(2) CPC (1 #$C$
/P$-$D$A$ committed deficiency in ser&ice in allotment of plot - Directed to pay 13: interest on e9cess amount -
1!!!(1) CPC ")) Pb$
/Payment of another sum is not necessary when complainant is allowed interest on the deposits for ne%li%ence of
opposite party - 2(1) CPC "3" Pb$
/Plot in unathorised possession of third party with conni&enance of ,-DA employees - Allottee allowed refund of
price with 1*: interest - 2.(2) CPC *( #$C$
/Possession not deli&ered despite entire payment - 0$P$ directed to %i&e possession5 complete amenities and
e9ecute re%istration at his cost with compensation of 6s$ (*5 - 2"(1) CPC "*3 -$P$
--Possession of allotted flat not deli&ered in time 0P directed to refund the deposited amount with 13: interest
and 6s$ 155 to each complainant 2!(1) CPC *2* #$C$
/Possession of house delayed - 0$P$ to pay 6s$ .15(2* as compensation - 2"(1) CPC 32 #$C$
/Possession of house delayed despite payment of full price - De&elopment authority directed to deli&ery the
possession and pay 12: interest on deposited amount - 2.(1) CPC 1. #$C$
/Possession of plot delayed by * years - Area not de&eloped - ,$-$D$A$ to pay 6s$ 2525 as compensation -
1!!!(1) CPC .(2 ,r$
/Possession of plot delayed for one decade - ,$-$D$A$ directed to pay compensation of 6s$ 2525 with interest -
1!!!(1) CPC *12 ,r$
/Price of immo&able property e&en if increases - >uilder cannot claim ad&anta%e due to increase in price after sale
of property - Interest ; 12: p$a$ on deposited amount and compensation for rou%h beha&ior of its mana%er awarded -
23(.) CPC 1!1 #$C$
/P-DA failed to deli&er physical possession of allotted house - Directed to pay 6s$ * p$m$ till date of deli&ery of
possession alon% with 6s$ 25 - 22(1) CPC **! #$C$
/6eduction in area of booth - ,$-$D$A$ should complete the area and to pay 6s$ 2525 as compensation -
1!!!(1) CPC 21) ,r$
/6eduction in compensation from 6s$ ! lacs to " lacs without discussin% e&idence by #ational Commission -
Impu%ned order not sustainable - 21(1) CPC ).2 1$C$
--6espondent failed to deli&er possession of constructed house within stipulated period Directed to pay 1*:
interest with cost of 6s$ 35 - 21(2) CPC *1! #$C$
/6espondents failed to complete construction of flats as a%reed - Allottees allowed refund with 1*: per annum
interest - 1!!*(1) CPC *". #$C$
/6oof de&eloped crac4s after house was constructed by 0P - Complainant held entitled to compensation of 6s$
15"(5(* from 0$P$ - 23(1) CPC ). #$C$
--1C0 for 6s$ 215125"3 allotted - #ecessary facilities nor pro&ided in area - Complainant entitled to 13: p$a$
interest on deposits and 6s$ 235 as cost and compensation with facilities - 2.(1) CPC 2) Chd$
/1crapin% of housin% scheme is ille%al way by ,ousin% >oard - Complainant held entitled to compensation of 6s$
25 with interest - 1!!)(1) CPC *1. 6a+$
--1ite allotted by builder occupied by third party after recei&in% payment 'ora below directed builder to refund
deposited amount of 6s$ )353 for deficiency in ser&ice - 21(.) CPC )!! #$C$
/1tructural defect with crac4s in walls and ceilin% were found in the constructed house - 0P directed to pay
compensation of 6s$1*5 - 2((1) CPC "!1 #$C$
/1ub standard material used in construction of allotted house - >oard directed to pay compensation of 6s$ 25 to
each allottee - 2*(1) CPC *) @$P$
--1ub-standard material used by 0P in construction of house Deficiency in ser&ice on part of ,ousin% >oard is
writ lar%e Petitioner entitled to compensation of 6s$ 2525 with !: interest and cost of 6s$ *5 2!(1) CPC "23
#$C$
.(
/1ub-standard material used in construction of house with se&eral other irre%ularies - 0$P$ directed to pay
compensation of 6s$ **5 to complainant - 2)(1) CPC ."1 Chhattis%arh
/8itle Deeds not returned despite clearance of loan amount - 0pposite Party held liable for deficiency in ser&ice -
Compensation reduced from 6s$ *5 to 6s$ *5 - 2*(1) CPC *"! 8$#$
/8otal price 6s$ 13))* deposited in 1!3( - Possession of house not %i&en - P-DA directed to %i&e possession with
13: interest on deposited price - 2.(1) CPC 1)! Pb$
/-ndue delay in deli&ery of allotted house by ,ousin% >oard - Complainant held entitled to compensate of 6s$ (
lacs with interest and refund of deposit - 1!!)(1) CPC )"( #$C$
/-ndue delay in deli&ery of allotted plot - ,$-$D$A$ directed to pay 6s$ 155 as compensation - 1!!!(1) CPC
)1) Chd$
/-ndue delay in deli&ery of industrial plot - 6espondent directed to pay 6s$ 0ne la4h as compensation within a
period of two months - 1!!((2) CPC *33 Chd$
/-ndue delay in deli&ery of possession - ,-DA directed to pay 6s$ (* as compensation and costs and deli&er
possession - 6ate on deposit reduced to 12: only - 22(1) CPC "2( ,r$
/-ndue delay in deli&ery of possession - Interest ; 13: on the amount reduced to 12: and compensation of 6s$
"5 reduced to 6s$ 15 - 22(1) CPC 213 #$C$
/-ndue delay in deli&ery of possession - 0pposite Party directed to pay 13: interest on deposit - 2"(1) CPC *".
#$C$
/-ndue delay in deli&ery of possession by authorities - Complainant held entitled to 1: interest on deposited
amount with cost - 2)(2) CPC 22! #$C$
---ndue delay in deli&ery of possession by EDA - Allottee entitled to 13: interest on deposited amount from two
years after date of deposit - 22(1) CPC ** #$C$
/-ndue delay in deli&ery of possession by ,$-$D$A$ - Allottee not liable to pay interest for delayed payment - Also
entitled to 1*: interest on deposited amount - 2*(1) CPC 2. 1$C$
---ndue delay in deli&ery of possession of allotted flat #o contributory ne%li%ence on part of allottee pro&ed
DDA directed to deli&er possession with compensation and cost of 6s$ *2* - 0rder modified - 21(.) CPC .)( #$C$
/-ndue delay in deli&ery of possession of flat - Despite payment of total price with enhanced cost - 0P directed to
deli&er possession and pay 13: interest on deposited amount - 2.(1) CPC )2) #$C$
/-ndue delay in deli&ery of possession of plot - ,$-$D$A$ directed to deli&er possession and pay 6s$ 25)5 with
13: interest per annum - Har$ana Ur"an De&elopment Authorit$ &$ Usha #ood5 1!!3(1) CPC 1. ,r$
/-ndue delay in deli&ery of possession of plot - ,-DA directed to refund deposits with 1: interest with
compensation - 21(2) CPC 31 Chd$
/-ndue delay in deli&ery of possession of plot - P-DA directed to pay 6s$ 1 lac for escalation in cost of
construction - Da&inder #in)h 3irdi &$ Pun(a" Ur"an Plannin) & De&. Authorit$, 21(2) CPC *.2 Chd$
/-ndue delay in deli&ery of possession of plot by ,$-$D$A$ - ,$-$D$A$ made to pay compensation to 6s$ 2)5
with 1*: interest - 2"(2) CPC .3 1$C$
/-ndue delay in deli&ery of possession of plot due to pendency of liti%ation - ,-DA directed to allot alternati&e
plot and to pay 1*: interest on deposited amount - 2.(2) CPC 2!) #$C$
/-ndue delay in deli&ery of possession on fri&iolous %rounds - P-DA directed to %i&e immediate possession with
compensation of 6s$ one lac and costs - Harinder P.#. 'heema &$ #tate o1 Pun(a", 2(2) CPC *!2 Pb$
/-ndue delay in possession - ,ousin% >oard directed to pay 6s$ 11 with 12: interest - 21(2) CPC *"2 Chd$
/-ndue delay in possession of allotted house - Allotment Authority directed to pay compensation with !: interest
- 2*(1) CPC )11 -$P$
/-ndue delay in possession of flat despite payment of entire price - Directed refund of price with 13: interest with
li2uidated dama%es - 2.(2) CPC .*2 #$C$
/-ndue delay in possession of ,-DA plot - Complainant allowed compensation of 6s$ ( with interest - 'hie1
Administrator, HUDA, Pan+h4ula &$ Ghu)h Brothers P&t. Ltd., 22(1) CPC "1! ,r$
/-ndue delay in possession of plot causin% loss due to risin% cost of construction - Award of 6s$ 1 lac as
compensation +ustified - 22(1) CPC 1!) #$C$
/-ndue delay of 11 years in deli&ery of possession of plot - ,-DA liable to pay 6s$ 2$* lacs with costs of 6s$
*5 for causin% financial loss to allottee - 22(2) CPC 2". Chd$
/-ndue delay of 11 years in possession despite full payment - ,-DA directed to pay 6s$ 2 lacs with 1: interest
and cost of 6s$ * - 22(2) CPC "!! Chd$
/-ndue delay of * years in deli&ery of possession of flat - Allotment authority directed to pay 1*: interest on
deposited amount - 22(1) CPC ).) #$C$
.3
/-ndue delay of 37! years in deli&ery of possession of booth - ,-DA directed to pay loss due to escalation of
buildin% costs - 2(2) CPC 1"! ,r$
/-ndue delay of ei%ht years in deli&ery of allotted plot by ,-DA - Complainant allowed compensation of 6s$ 2
?a4hs alon% with 1: interest on deposited amount for . years - 2)(1) CPC (2 Chd$
/Darious defects such as lea4a%e in roof and bro4en window pane etc$ were detected in allotted flat - 0$6 liable to
pay &alue of repair 6s$ (!5*1 with 6s$ *5 as compensation - 2"(2) CPC )1 Chd$
/Fhen interest is awarded on deposits5 awardin% other compensation7cost is un+ustified - 22(1) CPC "2) ,r$
/Fhere a complainant is also at fault5 0P cannot be held liable to pay any compensation - 23(.) CPC 23 #$C$
/Fhere compensation in lump sum is awarded5 paymend of interest also is not proper - 2.(1) CPC "23 Chd$
/Fhere interest is paid in the form of compensation other compensation not to be paid - 2.(2) CPC *!( #$C$
Compensation+"nterest - 13: interest awarded for deficient ser&ice - 0ther amount of compensation need
not be awarded - 2.(1) CPC 2)* Chd$
/As compensation in a case of deficiency in housin% ser&ice should be awarded accordin% to loss suffered by
allottee - 12: interest held to be +ustified - 2"(2) CPC )*2 1$C$
/Award of 1*: interest in the form of compensation by 1tate Commission for delayed possession - 0rder upheld -
2)(2) CPC )*! 1$C$
/Award of 13: interest in housin% ser&ice cases cannot be %ranted in each and e&ery case - Award of 12: interest
with 6s$ 2*5 as cost - 2"(2) CPC ))2 1$C$
/Awardin% interest at the rate of 13: per annum is not an uniform rule - It &aries from fact to fact in each case -
2"(1) CPC )) 1$C$
/Increase in price of flat three times without any reason - E$D$A$ directed to pay compensation of 6s$ 25 with
12: interest on deposit - 2*(2) CPC 2*) Delhi
--,ousin% >oard char%in% hi%her price than 1: of the indicated price of plot and delayin% the possession - Allottee
entitled to refund of e9cessi&e price with 13: interest - 2.(2) CPC ( #$C$
Complainant - 1e&eral consumers ha&e a similar complaint on same sub+ect - Complaint can be filed by one or
more on behalf of all consumers - 2(2) CPC 2" Chd$
/Complaint by si9teen flat owners of an association cannot be termed as a &oluntary consumer association -
Complaint dismissed - 3ish2ashanthi Apartments 72ners Asso+iation "$ its mem"ers &$ *-s. 3ish2ashanthi Builders,
1!!!(2) CPC )1 8$#$
Complainant+complaint - A%reement between the parties was relatin% to residential house which cannot be
termed as a +oint &enture - Complaint under C$P$ Act is maintainable - 23(.) CPC 1(" 1$C$
Complaint Dispute between Cooperati&e society and its member Complaint a%ainst society is maintainable
for deficiency in ser&ice particularly when no appeal was filed under Cooperati&e 1ociety Act - 2!(2) CPC "! #$C$
--1ale and purchase of a%riculture land does not come under the pro&isions of Consumer Dispute Complaint under
CP Act not maintainable - 21(.) CPC 1! F$>$
Completion certificate - Allottee complainant failed to produce completion certificate about construction on
,-DA plot - Dismissal of appeal +ustified on this %round - 2((2) CPC .( #$C$
--,-DA issued completion certificate with delay of 1" months instead within ( days ,-DA held liable to
compensate complainant for deficiency in ser&ice on its part 21(1) CPC !( #$C$
--Char%in% of e9cess composition fee Ei&en period of 12 days would apply only where construction &iolation is
not in&ol&ed #ew policy had come into force within 12 days of inspection Petitioner not entitled to refund the amount
211(1) CPC .*2 #$C$
--#on issuance of completion certificate by DDA without reasons amounts to deficiency in ser&ice - 1!!3(1) CPC
( Delhi
/-ndue delay of ) years after possessin% of flat in issuance of completion certificate constitutes a deficiency in
ser&ice - 2.(1) CPC .*. @aha$
Complicated issues - Complicated issues in&ol&ed in the case re%ardin% house construction - Ci&il Court is the
proper 'orum to decide the matter - 1!!"(1) CPC )!. #$C$
Complicated matter - Complicated matter re%ardin% allotment of flat in&ol&ed in the case - Ci&il Court is
proper forum - 2"(2) CPC .2" Chd$
/@atter of allotment pendin% in &e9atious liti%ation for the last 1( years - 6ele%atin% complainant to Ci&il Court in
the name of complications is un+ustified - 2)(1) CPC .33 ,r$
--Complainant prayed for transfer of 1C' in his name thou%h site was already sold to another person @atter bein%
.!
complicated parties were rele%ated to ci&il court 8ransfer of site denied - 21(.) CPC ). Pb$
/Complicated matter in&ol&ed in complaint re%ardin% e9tension fee by ,-DA - @atter can be decided by Ci&il
Court - 1!!)(1) CPC *!" ,r$
/Claim of 6s$ )5).5 for delayin% construction of buildin% as stipulated - Complicated matter bein% in&ol&ed
proper relief can be %ranted by Ci&il Court - 6ider P9% 'ommuni+ations Ltd. (*-s.) &$ *-s. 'reati&e 6n)ineerin) and
'onstru+tion 'ompan$, 1!!3(1) CPC *!* Chd$
/Complicated issues in&ol&ed in complaint - Proper 'orum is Ci&il Court for relief - Dr. (*rs.) #u"hada #.
Deshpande &$ *-s. :an)id Builders P&t. Ltd.5 1!!)(2) CPC """ #$C$
/Complicated matter relatin% to sale of buildin% in&ol&ed in complaint - Consumer +urisdiction barred - Reema
Ba(a( &$ 3id$a 0hera, 2*(1) CPC ." #$C$
/Complaint re%ardin% irre%ularities in P$'$ Account - Ci&il Court is proper authority to decide - 1!!)(1) CPC 1!*
#C
/Alle%ation and counter alle%ation in complaint relatin% to construction of house - District 'orum ri%htly rele%ated
to parties to Ci&il Court for relief - Gurde& #in)h &$ A(mer #in)h 'ontra+tor alias Bulla, 2"(1) CPC )3) Pb$
Composition fee refund - Char%in% of e9cess composition fee Ei&en period of 12 days would apply only
where construction &iolation is not in&ol&ed #ew policy had come into force within 12 days of inspection Petitioner
not entitled to refund the amount 211(1) CPC .*2 #$C$
Compound interest - Compound interest cannot be char%ed by ,-DA on delayed installments of a plot -
2((2) CPC 3 ,r$
/Compound interest on deposits cannot be char%ed or paid under pro&ision of ,$-$D$A$ Act - 2"(1) CPC .)"
Chd$
/Compound interest on the additional price cannot be char%ed by ,-DA - 2((2) CPC () ,r$
/Demand of compound interest by ,-DA on balance amount held to be ille%al - 2)(2) CPC 3) ,r$
/Demand of compound interest from allottee on balance amount e&en before deli&ery of possession is clearly is
deficiency in ser&ice - 2((2) CPC )31 #$C$
--,-DA cannot char%e compound interest on the balance money payable by the allottee of ,-DA plot - 21(.)
CPC "!3 #$C$
--It is settled law that ,-DA cannot char%e compound interest on the balance amount 0nly simple interest is
payable by the allottee - 21(.) CPC "!( #$C$
/,$-$D$A$ cannot char%e compound interest from allottees on balance amount - 2"(2) CPC )2 Chd$
/,$-$D$A$ cannot char%e compound interest on balance instalments - 1imple interest at the rate of 13: p$a$
allowed - 22(1) CPC ". Chd$
--,ousin% >oard cannot char%e compound interest for delayed payment from allottee 21(1) CPC 2! ,r$
--It is now settled that ,-DA can not char%e compound interest but simple interest on outstandin% amount 2!(1)
CPC .. #$C$
Compounding of violation - Construction raised in &iolation of buildin% bye laws - Demolition not proper -
Diolation should be compounded on payment of fee - 2.(1) CPC *)1 ,r$
Computation of period for interest - Fhere possession is delayed due to stay order interest for deposit
such period can be refused to allottee on the deposit - 2)(2) CPC *)" 1$C$
Concealment of fact - Appellant deposited re2uisite price of plot allotted in name of deceased without
disclosin% that she was already dead Appellant not entitled to allotment for not comin% to authorities with clean hands
2!(.) CPC .(2 Pb$
Concocted story - Concocted story narrated for condonation of delay of 2(3 days - Delay not to be condoned -
2((2) CPC 123 #$C$
Concurrent finding - Concurrent findin%s of authorities below remained uncontradicted - Inference in
re&ision declined - 2(1) CPC )( #$C$
--'ora below passed a &alid order re%ardin% price of additional area of plot which was not payable by the
allottee 0rder upheld in re&ision - 21(2) CPC 2.3 #$C$
--'ora below passed a &alid order re%ardin% price of additional area of plot which was not payable by the allottee
0rder upheld in re&ision - 21(2) CPC 2.3 #$C$
Condition of allotment Allottee accepted allotment without le&ellin% of une&en land by P-DA ,e cannot
claim relief on %round of lac4 of amenities 21(1) CPC 1!3 Pb$
"
Confirmation of lay out of site - 0P failed to confirm lay out of site for which relief was %ranted by the
'ora below 8he plea of petitioner that respondent did not want the site is not acceptable 0rder upheld 211(1) CPC
)1 #$C$
Consideration - Deposit for allotment of plot is not in the nature of consideration but is in the nature of earnest
money - 1!!*(1) CPC 1(3 #$C$
--Complainant handed o&er shop to 0P in lieu of a shop in new buildin% 1urrender of shop by complainant is a
consideration 'ailure to pro&ide new shop amounts to a deficiency in ser&ice 2!(1) CPC )3 #$C$
Consideration money - P-DA is entitled to forfeit 1: of consideration money includin% interest and other
amount for non-payment of installments in time - Interest amount cannot be e9cluded - 2)(2) CPC .(. Pb$
Constitutionality - 8he mere facts that Consumer Authorities may send the matter for e9ecution in a
contin%ency to Ci&il Court does not pro&e unconstitutionality of C$P$ Act - 2.(1) CPC .)2 1$C$
Construction - Complainant suffered hu%e loss due to non deli&ery of possession - ,$-$D$A$ directed to pay 6s$
.515 for delayin% possession - 1!!3(1) CPC "* ,r$
/Delay in - Delay of * years in construction of shop by respondent - Complainant entitled to refund of deposit with
interest - 1!!"(2) CPC *" Delhi
/Claborate e&idence re2uired to decide disputed matter relatin% to construction - Complaint does not lie under C$P$
Act - 1!!3(1) CPC *23 Chd$
/0bstruction raised a%ainst construction started by allottee should be remo&ed by Allotment Authority e&en
throu%h Court - 1!!!(2) CPC ..( Har$
Construction defect - 1ub standard material used in construction of allotted house - >oard directed to pay
compensation of 6s$ 25 to each allottee - 2*(1) CPC *) @$P$
--Allottee raised ob+ection about defect in construction of @IE flat purchased on hire purchase basis with a &iew to
withhold installments 0P not liable for deficiency in ser&ice - 21(2) CPC "!) #$C$
Construction of flat - >uilder failed to complete construction of flat within stipulated period - >uilder
directed to return total amount with 13: interest and cost - 22(2) CPC .!2 Her$
/>uilders failed to complete construction wor4 and to pro&ide necessary facilities - ,eld liable for deficiency in
ser&ice - 22(2) CPC ". #$C$
/#on-completion of construction within prescribed period by 0P despite payment - Deduction of 2: from
amount deposited by 0P is not permissible - 2((1) CPC 1"* Delhi
/0P failed to construct the flat within time e&en after recei&in% amount of 6s$*5*5 - Commission ri%htly
directed refund of total amount with 12: interest - 2((1) CPC "* #$C$
Construction of !ouse - Cheatin% - Complainant was cheated by 0P by pro&idin% lesser area of pent house -
0P directed to refund full amount with 13: interest and cost 6s$ "5 - 23(1) CPC (." #$C$
/0P char%in% 6s$ "52(5 more than actual &alue of wor4 as assessed by architect - 0P directed to refund e9cess
amount with compensation of 6s$ 25)5 with 1: interest - 2.(1) CPC )2 #$C$
Construction of &C) - Allottee paid 2*: of total price - Construction could not be raised due to presence of
nearby 6ehari @ar4et - Allotment authority debarred from demandin% interest or penalty before remo&in% 6ehari @ar4et
- 2.(1) CPC )(! Chd$
Construction Price - Cscalation in construction price may &ary accordin% to period of construction -
Compensation should be awarded accordin% to len%th of period in deli&ery of possession - 2"(1) CPC )) 1$C$
/-ndue delay of 11 years in deli&ery of possession of plot - ,-DA liable to pay 6s$ 2$* lacs with costs of 6s$
*5 for causin% financial loss to allottee - 22(2) CPC 2". Chd$
Construction service - 0P failed to complete construction of house in a%reed period - Complainant entitled to
simple interest at the rate of 13: interest till date of refund of deposited amount - 2((1) CPC 1( #$C$
Construction wor. - Appellant70P contended that he had constructed .11$" s2$ mtrs$ instead of 1!"$)" s2$
mtrs$ of buildin% - Contention a%ainst terms of a%reement and his own &ersion - Compensation awarded by 'ora below
upheld - 2((1) CPC .. #$C$
/Compensation for defects in construction wor4s based upon a report of %i&en in absence of opposite party not
sustainable - 1!!!(2) CPC ) Her$
/0P completed only .3: of total compensation as a%reed between parties for 6s$ 1) lacs - 0P directed to return
sum of 6s$ *5((5 with 12: p$a$ interest for non completion of construction - 23(1) CPC * ,r$
"1
/0P failed to complete construction of house in time despite payment of amount - 0P directed to complete
construction and deli&er its possession and also to pay interest on the deposited amount - 23(2) CPC 1(1 @$P$
/0P left construction wor4 incomplete which was completed by complainant - 0P liable for deficiency in ser&ice -
2)(1) CPC )3( #$C$
/Petitioner failed to pro&ide amenities as per terms of a%reement - 6i%htly directed to pay compensation of 6s$
(*5 with cost - 2((1) CPC "2 #$C$
/6espondent-builders failed to construct the house as per terms of a%reement - Complainant held entitled to be
reimbursed with 6s$ 1 lac as compensation - 1!!3(1) CPC 1 Her$
Construction+possession - >uilder alone was not at fault for delay in possession Complainant also
attributed to ne%li%ence 0nly moderate relief awarded 0rder modified 211(1) CPC .1 #$C$
Costs Appeal dismissed due to non-deposit of cost of 6s$ 25 - Petitioner offered to pay cost of 6s$
15 if case is decided on merit 6espondent accepted the offer Case remitted for fresh decision on merit -
2!(.) CPC )." #$C$
Consumer - A person depositin% necessary amount in response of offer of plots by ,$-$D$A$ is a <Consumer= -
2"(2) CPC 1"! Pb$
/A person remainin% unsuccessful in draw of plots is not a consumer under C$P$ Act - 21(1) CPC "2" #$C$
/A person who has ad&anced money for allotment of plot5 falls under the definition of a consumer - Impro&ement
8rust cannot depri&e him of the relief by claimin% to be a statutory body - 1!!2 CPC )(" Pb$
--A prospecti&e in&estor in allotment of plot is not a consumer u7s 2 (1) (d) of the Act - 21(.) CPC 1.3 #$C$
/A purchaser of plot in open auction is not a consumer under Consumer Protection Act - 1!!!(2) CPC (" Pb$
--A purchaser of site in open auction is not a consumer #ot entitled to relief - 2!(2) CPC ) 1$C$
/A transferee of ,-DA plot bein% beneficiary and potential user is a consumer under the C$P$ Act - 1!!)(2) CPC
)1) ,r$
/A transferee of P$-$D$A$ plot5 bein% beneficiary co&ered under the definition of a Consumer - 1!!!(1) CPC "(
Pb$
/A transferee of plot from ori%inal allottee cannot demand alternati&e plot from ,-DA as he is not a consumer -
2(2) CPC 1). Chd$
/Allotment denied by ,ousin% >oard - 0rder of Eo&t$ for allotment of house not complied with - Complainant not
a consumer to file a complaint - 1!!!(2) CPC ." 8$#$
--Allottee - Complainant5 allottee of a shop5 can file a complaint as a consumer re%ardin% non pro&ision of amenities
by the respondent - 1!!1 CPC ! Delhi
--Allotment can be made to an applicant who is a consumer A prospecti&e in&estor is not a consumer under CP Act
- 21(2) CPC .. ,r$
--Applicant deposited necessary amount for allotment but no draw of lots too4 place Applicant is a prospecti&e
in&estor and not a consumer 6elief cannot be %ranted - 21(2) CPC ))1 #$C$
/An allottee does not cease to be a consumer after deli&ery of possession of house - ,e can claim relief for
defecti&e construction - 2(2) CPC (12 -$P$
/An allottee of flat is a consumer under the C$P$ Act after Amendin% Act 1!!. - 1!!"(1) CPC 2)" #$C$
/An allottee of ,-DA plot held to be a consumer e&en where plot was purchased in open auction -2.(1) CPC
2)! Chd$
/An applicant depositin% amount for allotment of plot is a consumer e&en if he has consented for cancellation of
allotment later on - 2)(1) CPC 23) Pb$
/An applicant who has paid the price of flat in consumer under C$ P$ Act - Complaint maintainable - 2*(2) CPC
23) Chd$
--#ational Commission wron%ly dismissed complaint with obser&ation that complainants were not
consumer nor the respondent was a ser&ice pro&ider 0rder set aside Case remanded for fresh ad+udication -
2!(2) CPC "*. 1$C$
--In cases of public auction of sites5 a lessee is not a consumer nor the owner is a ser&ice pro&ider Complainant
bein% not a consumer5 relief under CP Act cannot be %ranted - 21(.) CPC 1"* #$C$
/Complainant a hi%hest bidder of a site from De&elopment Authority5 is not a consumer - Complaint a%ainst
cancellation of auction does not lie - 1!!1 CPC )3 Har$
--Complainant applyin% for allotment of house held to be a consumer with entitlement of relief under CP Act
2!(1) CPC *3 #$C$
"2
/Complainant depositin% amount for allotment with the respondent - ,e is a consumer under the Act to claim relief
for non allotment of plot - 1!!1 CPC "1 6a+$
/Complainant failed to pro&e that he hired ser&ices of 0P for consideration about construction of flat -
Complainant not a consumer - 6elief declined - *. 3ittal Rao &$ Brinda&an Builders P&t. Ltd., 23(1) CPC ")3 #$C$
/Complainant not found eli%ible for allotment - Could not be deli&ered possession of allotted plot - 2(1) CPC
**( Pb$
/Complainant7allottee surrendered the plot &oluntarily - #ot entitled to claim relief under C$P$ Act - 1!!((2) CPC
2(2 Har$
/Dispute re%ardin% allotment of a uncomfortable holiday resort is not a consumer dispute - 1!!!(2) CPC .3 8$#$
/Dispute relatin% to a purchase of time share in immo&able property not a consumer dispute - 2.(1) CPC .(!
Delhi
/,ousin% acti&ities is duly co&ered by definition of <renderin% ser&ices= and anybody a&ailin% such ser&ice is a
consumer - 2)(1) CPC )3( #$C$
/If possession of allottee is disturbed subse2uently - 6emedy does not lie under C$P$ Act as it is a matter of
tresspassin% - 2*(2) CPC 1( #$C$
--Nurisdiction - Complaint a%ainst builder for bad construction - Complaint under C$P$ Act maintainable - *al&inder
0aur &$ *r. Palla& *u4her(ee, Architect5 22(2) CPC *. Chd$
/?andowner a%reed to pro&ide land to builder with specific terms for consideration of certain amount - ?andowner
is a consumer under C$P$ Act - 23(2) CPC (12 1$C$
/@atter relatin% to purchase of property does not come within pur&iew of consumer dispute - 2*(2) CPC 1**
Pondicherry
/@atter relatin% to sanction of buildin% plan - ,eld not to be consumer dispute - 2.(2) CPC *(1 #$C$
/@ere becomin% a member of housin% society does not %i&e a ri%ht to file a complaint before allotment of plot -
2"(1) CPC "32 #$C$
--@ere filin% an application for allotment does not ma4e the applicant a consumer till allotment of plot is made
21(1) CPC "" #$C$
/@ere offer of allotment to a person does not ma4e him a consumer under the Act - 2(1) CPC *1* Pb$
/#o letter of allotment of plot was issued to complainant - Complainant not a consumer under Consumer
Protection Act - 2(1) CPC 1*! Pb$
/0ne of some of ba%s containin% defecti&e cement supplied to the complainant - Complaint held maintainable
under the Act - 1!!1 CPC .!2 Delhi
--Plot purchased in open public auction Purchaser is not a consumer Allotment authority is not ser&ice pro&ider
under CP Act 21(1) CPC *"" #$C$
/Purchase of buildin% for earnin% profits - Purpose bein% related to commercial use - Complaint not maintainable
nor complainant is a consumer - 2((2) CPC (.. #$C$
/8enant - A tenant of buildin% cannot be said to ha&e hired the ser&ices for consideration of the landlord - 1!!.
CPC "1. Har$
/8he ar%ument that allottee of immo&able property cannot be a consumer5 is fallacious - 1!!2 CPC 112 Chd$
Consumer Aut!orities - Power of e9ecution - Consumer 'ora are empowered to e9ecute their orders u7s 2* -
8hey may send a matter for e9ecution to Ci&il Court when a contin%ency arises in this re%ard - 2.(1) CPC .)2 1$C$
Consumer dispute - A%reement between parties for construction of buildin% without sanction of plan -
-nauthorised construction cannot be brou%ht under a consumer dispute - 2.(1) CPC )" #$C$
--Fhen pricin% of house is lin4ed with defect of construction it amounts to a consumer dispute - 21(2) CPC 1"*
#$C$
--Dispute between Cooperati&e society and its member Complaint a%ainst society is maintainable for
deficiency in ser&ice particularly when no appeal was filed under Cooperati&e 1ociety Act - 2!(2) CPC "!
#$C$
Consumer,s interest - Fhere two interpretations of a clause are possible one protectin% interest of Consumer
is acceptable - 2*(1) CPC .( Chd$
Consumer Protection Act - Pro&ision of Consumer Protection Act are in addition to and not in dero%ation
of any other law$ - 1!!"(1) CPC *.) Pb$
Consumer+&ervice - Acti&ities of promoter builders fall under the cate%ory of <ser&ice= under the Consumer
Protection Act - Pa2an 0atial &$ Ansal Housin) and 'onstru+tion Ltd., 1!!2 CPC )3* ,r$
".
/Complaint relatin% to deficiency in ser&ice re%ardin% non supply of water to residents by @C cannot be dismissed
without decidin% the rele&ant issues - 22(2) CPC 1 1$C$
Contempt 0rder of allotment in &iolation of terms of 1cheme and i%norin% order of ,i%h Court amounts to
contempt of court 21(1) CPC )3) ,r$
--0rder of allotment passed by i%norin% order of ,i%h Court amounts to contempt of court - 21(2) CPC .1 ,r$
--0rder of allotment passed by i%norin% order of ,i%h Court amounts to contempt of court 21(1) CPC *3. ,r$
Continuing cause of action - Continuity of cause of action pro&ed - Complaint cannot be dismissed as time
barred - 2.(2) CPC 21( Chd$
Continuity proceedings - Proceedin%s bein% in continuity5 2uestion of complaint bein% time barred
does not arise 21(1) CPC 2*" #$C$
Contract - A concluded contract about the price of allotted house cannot be re-opened and challen%ed under the
Act - 1!!1 CPC .2( #$C$
/Parties contracted about territorial +urisdiction of a particular court - Contract not a%ainst public policy - *u4esh
0umar &$ *-s. Utilit$ Builders and Leasin) (%ndia) Ltd., 1!!*(2) CPC )"( ,r$
/Contract of cement supply not complete between the parties - Complaint under the Consumer Act not
maintainable - 1!!1 CPC .!2 Delhi
/Contract for sale of a plot - 6efusal to e9ecute sale deed not a consumer dispute - Anil 0umar #aha &$ *adan
:ana5 1!!3(2) CPC 2 F$ >en%al
Contract of !ouse construction - Appellant failed to complete construction of house within prescribed
period - ,eld liable for non-completion of construction within a%reed time - Compensation of 6s$ *55 with interest
awarded - 2)(2) CPC .1 #$C$
Contradiction price - -ndue delay of 37! years in deli&ery of possession of booth - ,-DA directed to pay
loss due to escalation of buildin% costs with e9penses - 2(2) CPC 1"! ,r$
Contributory fault $ >uilder alone was not at fault for delay in possession Complainant also attributed to
ne%li%ence 0nly moderate relief awarded 0rder modified 211(1) CPC .1 #$C$
Contributory negligence - Complainant was %uilty of contributory ne%li%ence in a contract of purchase of a
flat - 0P not liable for delay of possession due to fault of complainant - 0rder modified - Interest on compensation
amount deleted - 23(2) CPC 1.! #$C$
Conversion of land - Con&ersion of land into industrial plot appro&ed by 8own and Country Plannin%
Department - ,-DA not liable for lac4 of necessary amenities to the area - 22(1) CPC "1! ,r$
Conversion of property - Con&ersion of lease hold property into free hold comes within definition of ser&ice
- 2((2) CPC *"3 #$C$
Conveyance deed - ,ousin% >oard cannot refuse to e9ecute con&eyance deed on the %round that enhanced
price has not been paid by allottee - 1!!((2) CPC )(. ,r$
/Impu%ned order silent about e9ecution of con&eyance deed - 6espondent directed to e9ecute the deed within two
months - 22(1) CPC )13 #$C$
/0pposite Party refusin% to e9ecute con&eyance deed as per terms of a%reement - Directed to do the needful -
1!!((2) CPC )1" #$C$
/6etention of stamp duty char%es due to non supply of draft of con&eyance deed held to be +ustified - 2*(2) CPC
.32 #$C$
Co-operative &ocieties - A Co-operati&e 1ociety bein% an entity comes under the definition of a person -
23(2) CPC .3. #$C$
/A person actin% as President71ecretary of a society cannot be held liable in indi&idual capacity if his act is related
to society acti&ities - Gula" #in)h (#hri) &$ #mt. Urmil De&i5 22(2) CPC ."* Chd$
/Allotment made by Impro&ement 8rust - 8rust cannot escape its liability by mere assertion that allottee is a
member of Co-operati&e 1ociety - 1!!3(2) CPC ".! Pb$
/Complainant approached 6e%istrar of Co-op$ 1ocieties for refund of '$D$6$ but no action was ta4en - Consumer
Nurisdiction is not barred by Co-op$ 1ocieties Act - 22(2) CPC "2 Her$
/Complainant neither was made the society member nor his deposited amount was repaid - Case of deficient
ser&ice pro&ed - 1!!"(1) CPC )1* Delhi
/Complaint a%ainst Cooperati&e 1ociety for irre%ularity in allotment of house site - Complaint to 6e%istrar of
1ociety - 1!!((2) CPC ! 8$#$
""
/Complaint for implementation of award %i&en under Cooperati&e 1ocieties Act does not lie under C$P$ Act -
21(1) CPC *2) Delhi
/Demand of interest at the rate of 2": P$A$ from a member of 1ociety is un+ust - 12: interest is reasonable - B.0.
A))ar2al &$ Har$ana 711i+ers and Pu"li+ 6nterprises 6mplo$ees, 1!!((2) CPC ) ,r$
/Dispute between co-operati&e society and its members - consumer Nurisdiction barred - 1!!3(1) CPC )(* @aha$
/Dispute between two members of Cooperati&e 1ociety not challen%in% the impu%ned order - Consumer
+urisdiction not barred - #ur(it #in)h &$ #adhu Ram5 1!!)(2) CPC 1)2 ,r$
--@atter co&ered under Co-operati&e 1ociety Act - Consumer 'orum has no +urisdiction to decide the matter -
21(1) CPC **. Her$
/@atter of allotment duly co&ered under ,$P$ Co-operati&e 1ociety Act - Complaint does not lie under C$P$ Act -
1!!!(1) CPC 22" ,$P$
/@ere becomin% a member of Co-operati&e 1ociety without payin% cost of land does not entitle a person to file a
complaint under Consumer Protection Act - 1!!!(2) CPC .. >ihar
/#o dispute between co-operati&e 1ociety and its members - Consumer +urisdiction cannot be e9cluded - 1!!!(2)
CPC ).1 @aha$
/#on supply of food articles to members of a Co-operati&e 1ociety is not a consumer dispute - 1!!!(1) CPC 1.
@aha$
/1creenin% Committee of Coop$ 1ociety found complainant ineli%ible for allotment - @atter not co&ered under C$P$
Act - 6e%istrar of Coop$ 1ociety is proper forum - 2.(1) CPC 2". Chd$
/1ociety not obli%ed to pay interest on deposit when complainant member had &oluntarily withdrawn from society
- 1!!((2) CPC *( #$C$
Cooperative &ociety Act - Amenities not pro&ided to allotted site - Co-operati&e 1ociety Act is no bar to
relief sou%ht under C$P$ Act - 1!!!(1) CPC 2) Chd$
Corner boot! Allotment of booth assured to be a corner booth which found not correct 0P directed to pay
compensation of 6s$ * lacs with cost of 6s$ 157- for committin% unfair trade practice and act of cheatin% 211(1)
CPC *2 Pb$
Corner plot - Allotment authority char%in% 1: e9tra price wron%ly in the name of corner plot not actually on
the spot - Authority held liable for deficiency in ser&ice - 21(2) CPC 2*1 Pb$
Cost of construction - Delay in construction due to delay in sanction of Plan - ,$-$D$A$ to pay 6s$ 2 lacs as
enhanced cost of construction - 1!!!(1) CPC 2). ,r$
/#o house was allotted for 3 years despite deposit of earnest money - P-DA directed to allot house on ori%inal
price and pay 6s$ ** as enhanced cost of construction - 21(1) CPC ! Pb$
/1urrender of plot of shop - ,-DA is entitled to forfeit 1: of deposited amount - Allottee cannot e&en claim cost
of construction made in plot of shop - 2((2) CPC (. ,r$
/1urrender of plot of shop - ,-DA is entitled to forfeit 1: of deposited amount - Allottee cannot e&en claim cost
of construction made in plot of shop - 23(1) CPC 11( ,r$
/-ndue delay in deli&ery of possession of ,-DA plot - ,-DA directed to pay 6s$ * as costs of construction -
Har$ana Ur"an De&elopment Authorit$ throu)h its Administrator, Hisar &$ La+hman Dass5 22(1) CPC "2) ,r$
/-ndue delay in deli&ery of possession of plot - P-DA directed to pay 6s$ 1 lac for escalation in cost of
construction - Da&inder #in)h 3irdi &$ Pun(a" Ur"an Plannin) & De&. Authorit$, 21(2) CPC *.2 Chd$
/Fhile awardin% interest on deposits of allottee5 escalation in costs of construction not to be i%nored - H.U.D.A. &$
Darash 0umar5 21(2) CPC ).* #$C$
Cost of !ouse - Complainant allottee was compelled to ma4e more payment than other allottees - >oard directed
to reduce the amount - 1!!)(1) CPC 2" 6a+$
Costs - Dismissal of complaint on merits - Complainant cannot be burdoned with cost as it is not a fri&olous or
&e9atious complaint - #ar(it #in)h &$ 'handi)arh Housin) Board, 2"(1) CPC 12 Chd$
Counsel,s mista.e - A liti%ant should not be allowed to suffer for the fault of his counsel - 1!!((1) CPC .)!
Chd$
Court - Consumer 'ora are not courts as mentioned in ,$P$ Co- operati&e 1ociety Act - Nurisdiction of consumer
fora not barred in &iew of pro&isions of said Act - 2*(2) CPC ..! #$C$
Coverage area - ,-DA allowed ): co&era%e area to another allottee in which area was .*: only in
complainantBs case 0rder of District 'orum permittin% ): co&era%e is +ust and proper - 21(2) CPC )(* #$C$
"*
Crac.s in building - Crac4s appeared in buildin% after * years 6espondent directed to pay 6s$ "5"35( to
complainant - *e)na Pri&ate Ltd. &$ #alil 0umar Ghosh, 1!!3(1) CPC ..) F$>en%al
Cross appeal - Cross appeals filed under C$P$ Act not maintainable - 1!!)(2) CPC )11 ,r$
Cross objections - 8here is no pro&ision for filin% cross ob+ection in appeal under the C$P$ Act - 2(2) CPC
")* -$P$
Cryptic order - 0rder not based upon law and facts - 0rder is cryptic and not sustainable - 2.(2) CPC .* Pb
/6esolution of society re%ardin% authority to file complaint by its President on file - Dismissal of complaint on the
%round of lac4 of authority is ille%al - 0rder cryptic - 2.(2) CPC 121 Pb$
Cycle s!ed - Demand of watch and ward char%es from lessee of cycle shed by ,ousin% >oard amounts to
deficiency in ser&ice - 'handi)arh Housin) Board &$ #u4hde& #in)h, 21(2) CPC !1 Chd$
D0A0 Plant - D$A$ plant purchased for commercial use found to be defecti&e - Complaint not maintainable -
1!!)(2) CPC *3( #$C$
D0D0A0 'lat - Allottee held entitled to interest and compensation of 6s$ 15 for not remo&in% defects in the
allotted flat - 1!!1 CPC 2*) Delhi
--DDA delayin% issuance of letter of possession and demandin% interest on flat price - ,eld liable for deficient
ser&ice - 21(1) CPC *." Delhi
--DDA failed to pro&e that it had ser&ed a demand notice for payment of balance installment for the *
th
flat after
denial by appellant >urden to pro&e lies on DDA respondent 2!(1) CPC 1"" 1$C$
/DDA failed to send final demand letter at permanent address of complainant who had made part payment for
allotment of flat - DDA is liable for deficiency in ser&ice - 23(2) CPC ""( #$C$
/Deficiency - Allotment made in a wron% name - Delhi De&elopment Authority was directed to fi9 the
responsibility of the errin% officials - 1!!1 CPC )2* Delhi
/Delhi De&elopment Authority is bound to pro&ide a brea4 up of plinth area to the allottee-complainant - 1!!1
CPC 2*) Delhi
/Demand for con&ersion of leasehold ri%ht into freehold ri%hts is not a case of hirin% of ser&ice - Complaint fails -
1!!((1) CPC )* #$C$
/D$D$A$ delayin% in deli&ery of possession in &iolation of a%reement - Directed to pay 1*: interest on total price -
1!!((2) CPC 2*2 #$C$
/#o defect remained in the allotted flat after its rectification as per report of In&esti%ator - 6elief denied to
complainant7allottees - 1!!((2) CPC ..) #$C$
D0D0A0,s fault -ndue delay in deli&ery of possession of allotted flat #o contributory ne%li%ence on part of
allottee pro&ed DDA directed to deli&er possession with compensation and cost of 6s$ *2* - 0rder modified - 21(.)
CPC .)( #$C$
D0D0A0 Plot - Complainant could not be allotted desired plot due to non a&ailability of land - #o deficiency in
ser&ice is established - 1!!*(2) CPC 2.! #$C$
/Complainant was allotted plot in 6ohini C9tension as area was not a&ailable in 6ohini 6esidential 1cheme -
Complainant not entitled to any compensation - 1!!1 CPC .1* Delhi
/-ndue delay in deli&ery of possession of allotted plot causin% escalation of price of construction material and
labour - D$D$A$ directed to pay 6s$ 155 as compensation - 1!!3(2) CPC "*! Delhi
Date and /ate of "nterest - ,-DA can claim 1: interest on balance amount from date of possession of
plot - 22(1) CPC "1) ,r$
---ndue delay in allotment of alternati&e plot - Complainant entitled to 2": P$A$ interest from date of deposit not
from date of alternati&e allotment - 2"(1) CPC 2!! Pb$
Date of Allotment - Date of recommendin% letter cannot be ta4en as a date of allotment - 1!!3(1) CPC !2
Chd$
Date of "nterest - Delay of one decade in deli&ery of possession of plot - ,$-$D$A$ directed to pay 1*: interest
on deposit after e9piry of 2 years of deposit - 1!!3(2) CPC 22 ,r$
/,-DA cannot claim interest on balance amount from date of allotment but from date of possession - 22(1) CPC
"1) ,r$
Date of 1nowledge - Appeal filed after delay of (2 days but within limitation from date of 4nowled%e - Delay
condoned - 6state 711i+er, Har$ana Ur"an De&elopment Authorit$ &$ 0irpal #in)h, 1!!((1) CPC *. ,r$
")
Deduction - Delay of about ! years in deli&ery of possession of allotted flat - 6eduction of 2: in refund of
amount un+ustified - 6efund with 13: interest allowed - 1!!!(2) CPC 23) -$P$
--,-DA failed to deli&er possession of plot despite re%ular payment of installments ,-DA not entitled to deduct
1: from refund of amount as held by District 'orum 0rder upheld - 21(2) CPC ))* #$C$
Deduction from deposit - Complainant was not deli&ered possession of flat due to delay in payment of
balance amount - 6efund of amount refused - 0P directed to refund deposit with interest after deductin% 1: interest -
23(1) CPC "!( #$C$
Deduction of Price - Allotment of plot not e9istin% on site - -nauthorised deduction of 6s$ 215).! from total
price ,-DA directed to refund total price with 13: p$a$ interest - 1!!!(2) CPC *". Chd$
Deduction of deposited price - Complainant paid 6s$ "5"153.3 a%ainst total amount of 6s$ 1)5.*5 for
boo4in% of office space >oo4in% was cancelled on re2uest of complainant 0P can deduct 1: of the total price but
interest could not be deducted - 2!(.) CPC .. #$C$
Deduction of #0D0&0 - Payment of interest at the rate of 13: per annum on deposit by allottee allowed - #o
8$D$1$ can be deducted on the interest amount - 2"(2) CPC "*1 1$C$
Deemed Date - Possession delayed due to hu%e tree standin% on site - Date of intimation of remo&al of tree is
the deemed date of auction - 1!!!(1) CPC "3* Chd$
Defaulter - ,ousin% society paid balance amount after deductin% *: rebate which could be permitted only by
Administration - 1ociety bein% defaulter not entitled to any relief - 22(1) CPC "23 Chd$
--Allotted plot resumed in 22 by ,-DA for ma4in% default in payment Complaint filed in 2) 6esumption
of plot upheld 2!(.) CPC (1) #$C$
Default in deposit - Complainant failed to pay balance price 1*: within . days resultin% in cancellation of
allotment Deposit on @inisterBs recommendation cannot be accepted 6e-allotment declined 2!(.) CPC (1! ,r$
Default in installment Complainant failed to pay basic amount for allotment 6etainin% the balance
installments with alle%ation of demand of e9cessi&e rate of interest is not permissible Cancellation of plot allotment
upheld 21(1) CPC *)! #$C$
Defect in flat - Complainant came to 4now about seepa%e of water when upper portion of flat was occupied by
other allottee 0P directed to pay 6s$ 157- with !: interest for repairs carried by the complainant 211(1) CPC "2(
#$C$
Defective Construction - Complainant insistin% on payment of compensation instead of remo&in% defect in
construction - Direction issued for remo&al of defect - 2"(1) CPC *. @$P$
/Complainants were allotted houses5 which were found to be defecti&e - 0pposite Party directed to pay 6s$
1.5)152* as compensation - 1!!)(1) CPC 21 @aha$
--Allottee claimed interest on interest from Allotment Authority for defect in allotted house Interest on interest
cannot be awarded Claim un+ustified 211(1) CPC 12* #$C$
/Construction remo&ed by opposite party found to be defecti&e - Compensation of 6s$ 135 based upon facts of
the case held to be +ustified - 22(1) CPC *2( Her$
--Complainant was himself at fault for not raisin% issue of defecti&e construction of house before ,ousin% >oard
>oth the 'ora below dismissed the complaint 0rder upheld - 21(.) CPC 23" #$C$
--Defects were found in construction of tenements by builder - #ecessary facilities were also not pro&ided - >uilder
made to pay 6s$ 15!)5* for buildin% defect - 2.(1) CPC )3 #$C$
/Defect in flat construction rectified as reported by C9pert Committee - ,ousin% Authorities not liable for deficient
ser&ice - 1!!((2) CPC )! #$C$
--Cost of rectification in defecti&e flat was assessed at 6s$ ."5() >uilders directed to pay 6s$ .)") with 12:
interest for deficiency in ser&ice - 22(1) CPC 2(3 #$C$
/Defect in construction detected after lapse of lon% period - Complaint not barred by time - 0P to pay 6s$ 15
as compensation - 2((2) CPC "". 8$#$
/Compensation awarded due to defect in construction of flat on lower side - Compensation enhanced from 6s$
*5* to 6s$ 15 - 6emainin% part of order not affected - 2"(2) CPC "12 Chd$
/Complaint re%ardin% defects in construction and de&elopment of crac4s in walls filed after delay of ten years from
deli&ery of possession - 0rder of 1tate Commission acceptin% complaint5 set aside - 23(2) CPC 2" #$C$
/Construction of allotted flat found to be defecti&e - Allotment authority directed to refund entire amount with 13:
interest and cost of 6s$ *5 - 2"(2) CPC "() 1$C$
"(
/Deli&ery of possession is no bar to ob+ection a%ainst defects in construction - 2"(2) CPC ). Chd$
--,ousin% >oard used substandard material in construction of house - Defect in fi9ture and wood - Allottee held
entitled to 6s$ 15 with costs - 1!!!(1) CPC .() @$P$
--6espondent - >uildin% contractor usin% defecti&e material - Construction deficient in 2uality - ,eld liable to
compensate the complainant - 1!!)(2) CPC 1"! ,r$
Defective House - Allotment authorities are bound to remo&e defect of allotted house before deli&ery of
possession - Ramesh2ar #harma &$ Hima+hal Pradesh /a)ar 3i4as Pradhi4aran, 1!!((2) CPC 1!2 ,$P$
/Darious houses with similar specification found to be defecti&e - Common complaint by allottees held
maintainable - 2.(2) CPC *11 -$P$
--,ouse allotted to complainant was constructed with sub-standard material 1e&eral other defects also detected but
not rectified Allotment Authorities directed to remo&e the defect in construction - 21(2) CPC ))2 ,$P$
Deficiency by -uilder - 1tate Commission i%nored report of Commissioner relatin% to construction of flat
done by builders - Case remanded for fresh decision to lower authority - 22(1) CPC ).. #$C$
Deficiency in Plot Area - District 'orum directed to ma4e up deficiency in plot area and upheld by 1tate
Commission - Interference in concurrent findin%s declined - 2"(1) CPC ( #$C$
Deficiency in &ervice - Allottee was refused allotment of industrial plot of particular siJe as reported by
Allotment Committee - Allotment authority not liable for deficiency in ser&ice - 2(1) CPC *") Pb$
/Allottees not pro&ided necessary amenities of water5 sewera%e and street li%ht etc$ - 0P directed to pro&ide
amenities with compensation and costs of 6s$ 2!5 in each case - 2.(2) CPC )1( Chd$
/As per condition of allotment5 plot could not be transferred before 1 years e9cept in e9ceptional circumstances -
6efusal to transfer before 1 years does not amount to deficiency in ser&ice - 1!!!(1) CPC *3 Chd$
/Char%in% of e9cess price of plot without reason amounts to deficiency in ser&ice - 2"(2) CPC .3* Chd$
/Complainant deposited price but flat was allotted to third party - 0$6 held liable for deficiency in ser&ice -
2"(2) CPC 1) 6a+$
--8ime of one and half year in deli&ery of possession under <8at4al fee= scheme does not constitute any deficiency in
ser&ice - 21(.) CPC .(! #$C$
--Char%in% interest on interest is not a compound interest especially interest is char%ed in accordance with the terms
of a%reement of lease It does not constitute deficiency in ser&ice 2!(1) CPC *!) 1$C$
--1tate Commission directed 0P to pay compensation of 6s$ (*57- for allotment of lesser area Actual allotment
was made not on the basis of s2 ft$ but plot as a -nit 0rder set aside #o deficiency pro&ed 211(1) CPC 13 #$C$
--Allottee raised ob+ection about defect in construction of @IE flat purchased on hire purchase basis with a &iew to
withhold installments 0P not liable for deficiency in ser&ice - 21(2) CPC "!) #$C$
--Complainant handed o&er shop to 0P in lieu of a shop in new buildin% 1urrender of shop by complainant is a
consideration 'ailure to pro&ide new shop amounts to a deficiency in ser&ice 2!(1) CPC )3 #$C$
/Complaint re%ardin% defect in construction wor4 - Commission +urisdiction not barred - #.0. #ood &$ Pun(a"
Ur"an De&elopment & Plannin) Authorit$, 21(2) CPC *(! Chd$
/Delay in construction of cotta%es in time sharin% holdin%s resorts - 6espondent liable for deficiency in ser&ice -
2.(2) CPC *"! #$C$
/Delay in possession of flat was due to +udicial proceedin% - #o time for completion of construction stipulated in
a%reement - 6elief declined to complainant - 2((2) CPC 232 #$C$
/Deli&ery of possession of incomplete constructed house after delay of ten years - 0P ob&iously %uilty of
deficiency in ser&ice - 23(1) CPC )( #$C$
/Delyin% of allotment letter in the name of production of unnecessary documents by P-DA amounts to a
deficiency in ser&ice - 22(2) CPC *"( Pb$
/Demand of additional price of plot by P-DA without reason is ille%al and amounts to deficient ser&ice - 22(2)
CPC 2.! Chd$
/'lat earmar4ed for complainant allotted to a third party despite payment - 0$P$ directed to ma4e alternati&e
allotment or refund the amount with compensation and cost - 2"(2) CPC 13 @aha$
/,$-$D$A$ failed to deli&ery possession of allotted plot despite payment of substantial amount - ,eld %uilty of
deficiency in ser&ice and directed to refund 8$D$1$ with interest - Har$ana Ur"an De&elopment Authorit$ &. Dheer #in)h
Bhatti, 2"(2) CPC (1 1$C$
/,ousin% >oard demanded price of flat as e9istin% in 1!!. whereas !: tentati&e cost was deposited in 1!!1 -
>oard is liable for deficiency in ser&ice - 'handi)arh Housin) Board &. Ramesh 0umar a, 23(.) CPC 1"2 #$C$
"3
/#o letter of demand deli&ered to complainant - Fithdrawal of offer of plot for non payment amounts to deficiency
in ser&ice - 23(1) CPC .)2 #$C$
/P$-$D$A$ acceptin% instalment of 6s$ 31 from poor widow with assurance of allotment of her occupied house -
Denial of allotment is deficiency in ser&ice - 2"(1) CPC )3. Pb$
/Possession of constructed %ara%e was delayed unnecessarily for si9 years after deposit of ma+or payment5 by
,ousin% >oard - Complainant is entitled to compensation - 1!!2 CPC !. #$C$
/6efusal to e9ecute sale deed by coloniser after receipt of payment5 amounts to deficiency in ser&ice - 1!!((1)
CPC ""1 #$C$
/6espondent delayin% deli&ery of possession of allotted plot to the complainant - Complainant held entitled to be
fully compensated - 1!!2 CPC .13 ,r$
/-ndue delay of ) years after possessin% of flat in issuance of completion certificate constitutes a deficiency in
ser&ice - 0rishnan 3en4atesh #atnur &$ #au. Ashlata #udhir Gorhe, 2.(1) CPC .*. @aha$
--Fithdrawal of scheme for allotment of flat does not amount to deficiency in ser&ice - 2"(2) CPC 1. Delhi
Delay - Allotment - Authorities char%in% 2": interest on delayed instalments - Allottees also entitled to char%e
the same rate of interest if allotment is delayed - 2"(1) CPC 2!! Pb$
/Delay of )3( days in filin% appeal - Delay cannot be condoned without sufficient reasons - 1!!!(2) CPC 2"! Chd$
/Delay of ! days duly e9plained - Complaint cannot be dismissed as time barred - 2(2) CPC .. Pb$
/Delay of four months in possession of site - 0$P$ not liable for deficiency in ser&ice - 2"(2) CPC )* Chd$
/Cach day to be e9plained to see4 condonation of delay - 1!!*(1) CPC *23 -$P$
--Appeal of ,-DA with delay of 132" days was dismissed as time barred by authority below 8a4in% no lesson
from this order re&ision was filed with delay of 1(1 days ta4in% plea of procedural delay 6e&ision dismissed as time
barred 21(1) CPC 2.3 #$C$
Delay by &tate - Eo&ernment Departments do not stand on different footin% for the purpose of condonation of
delay - 1!!*(1) CPC *23 -$P$
Delay in Allotment - A delay of * years on deli&ery of possession of allotted plots amounts to a deficiency in
ser&ice - 1!!)(1) CPC !3 #$C$
Delay in installments - Interest of delayed installment cannot be refunded mere an ob+ection of lac4 of basic
amenities 211(1) CPC )(* Pb$
Delay in Possession - ,-DA not entitled to demand interest on balance instalments when possession of house
is considerably delayed - 2.(1) CPC 111 #$C$
--0P was directed to 6s$ 257- per day whiche&er is less and also to pro&ide necessary facilities as 0P had recei&ed
the price but possession not deli&ered 0rder upheld 211(1) CPC ") #$C$
/Delay in possession due to liti%ation does not constitute a deficiency in ser&ice on part of allotment authority -
2*(2) CPC ). #$C$
---ndue delay of ( years in deli&ery of possession and that too after liti%ation 0P directed to pay 12 : p$a$ interest
on deposited amount - 2!(2) CPC )"3 #$C$
/Delay of .-172 years in deli&ery of possession where bi% pro+ect comprises 1(23 dwellin% units does not amount
to deficiency in ser&ice - Delay is reasonable - Dharam Pal #in)h &$ 'handi)arh Housin) Board5 2"(2) CPC ")2 Chd$
/-ndue delay in deli&ery of possession of house - >oard directed to pay *: p$a$ interest on deposited amount -
2)(2) CPC ".! #$C$
Delay in refund - Allotment not accepted due to internal problem - Authorities entitled to forfeit earnest money
- >ut undue delay in refund of deposits constitutes a deficiency in ser&ice - 2((2) CPC ).! #$C$
Delayed Construction - Claim of 6s$ )5).5 for delayin% construction of buildin% as stipulated -
Complicated matter bein% in&ol&ed proper relief can be %ranted by Ci&il Court - 1!!3(1) CPC *!* Chd$
Delayed Possession - Delay of one decade in deli&ery of possession - ,$-$D$A$ directed to allot alternati&e
plot on old price with 1*: interest - 5ash Pal Gupta &$ .he 'hie1 Administrator, H.U.D.A., 1!!!(1) CPC 23) ,r$
/#on deli&ery of possession of plot - P-DA cannot demand interest on balance amount - 3ipan(eet 0aur &$ Pun(a"
Ur"an Plannin) and De&elopment Authorit$, 22(2) CPC )2( Chd$
--,-DA recei&ed total tentati&e price of 6s$ (53!5.) from the allottee but possession delayed for more than " years
6efund of deposited amount allowed without deductin% 1: price with 12: p$a$ interest and compensation7cost of 6s$
)5 - 21(.) CPC *11 #$C$
--Delay of two to three years in deli&ery of possession is tolerable ,-DA directed to pay 6s$ "5 for delayin%
possession for more than * years without sufficient reason - 21(2) CPC 2.) #$C$
"!
--,-DA failed to pro&e by co%ent e&idence that possession was offered in time 6efund of deposited price with
12: p$a$ interest ri%htly ordered by District 'orum as possession was delayed for . years - 21(2) CPC (2* #$C$
/8otal price paid on .$)$1!! - Possession deli&ered on 2*$1$1!!1 - Complainant allowed 13: interest on deposit
- Hans Ra( #2an &$ .he *uni+ipal 'orporation, 'handi)arh, 1!!!(1) CPC .)1 Chd$
Deletion of party 1tate Commission committed error in treatin% the deleted party as continuin% in complaint
@ista4e led to miscarria%e of +ustice Case remanded for fresh decision 2!(1) CPC 2. #$C$
Delivery of Possession - Allottee to complete construction within . years - Possession should be %i&en at the
earliest construction - 2"(1) CPC .1) #$C$
/P-DA failed to deli&ery possession of allotted shop - Demand of non construction fee from allottee un+ustified -
/. #. 0ohli &. Pun(a" Ur"an Plannin) & De&elopment Authorit$, 23(1) CPC 11. Pb$
--Delay in deli&ery of possession due to stay %ranted by the ,i%h Court EDA is not liable for any fault 211(1)
CPC "2" #$C$
--District 'orum allowin% complaint directed 0P to pay compensation and cost with 1): interest Interest bein% on
hi%her side reduced from 1): to 12: - 6est of the order left undisturbed 2!(.) CPC )(3 #$C$
Demand 2otice - Fithdrawal of offer of allotment without prior notice of demand is a%ainst law - 6state
711i+er, HUDA, ,arida"ad &$ :a)mohan, 2((2) CPC 1.3 ,r$
Demand of additional amount by PUDA - 'ull price paid as per terms of a%reement between
complainant and P-DA - Demand of additional amount by P-DA before e9ecution of sale deed un+ustified - 2((2)
CPC .3 #$C$
Demand of "nterest - Demand of 1: P$A$ interest on balance amount without %i&in% possession of plot -
Demand of interest by P-DA un+ustified - 22(2) CPC *. Chd$
/#on deli&ery of possession of plot - P-DA cannot demand interest on balance amount - 22(2) CPC )2( Chd$
Demand survey - Deposit made in connection with demand sur&ey - #o ri%ht is created for allotment of plot
6efund with 1: interest allowed - Bal(it #in)h &$ Pun(a" Ur"an De&elopment Authorit$5 2*(1) CPC )2 Chd$
Demarcation - Compliant a%ainst re&enue staff for %i&in% wron% demarcation of area does not lie under C$P$
Act - 22(1) CPC )** 0rissa
Demolition - Demolition of buildin% despite sanctioned plan by City Corporation - Corporation held liable for
deficiency in ser&ice - 2)(1) CPC )1( #$C$
/1toc4 of shop co&ered under policy a%ainst without caused by accident or misfortune - Demolition of shop by
@unicipal Corporation under mass demolition dri&e - 6epudiation of claim +ustified - 2"(2) CPC 1)3 Eu+$
Demolition of House - Insured house was demolished by ,i%hway Authority - 8he ris4 not co&ered under the
policy - 6epudiation of claim +ustified - 1!!!(2) CPC 12( ,$P$
Denial of Allotment - 1cheme of allotment left in midway without reason - Claimant entitled to award of 13:
interest on deposit - 2"(1) CPC )) 1$C$
Denial of relief - Case remanded to ,-DA for necessary relief - >ut Cstate 0fficer dismissed the claim Case
remitted to Chairman ,-DA to %rant relief in accordance with law with due consideration 2!(1) CPC (! 1$C$
Denovo #rial - District 'orum failed to consider all the points raised in complaint - Case remanded for Deno&o
trial - 1!!3(1) CPC ".1 @$P$
Departmental "nstructions - 1uch instructions cannot o&erride statutory rules - 2"(1) CPC .*( Chd$
/Demand of penalty and e9tension fee for non-construction of house in time as per instructions not supported by
Act or 6ules - 8rust directed to refund the amount - 1!!!(2) CPC *.( Pb$
Deposit before appeal - #on compliance of condition of *: deposit of re2uisite amount before appeal -
Dismissal of appeal upheld - *uni+ipal 'orporation, ,arida"ad &$ Anita *ittal5 2)(1) CPC "!2 ,r$
Deposit+interest @oney deposited for allotment of flat was refunded on demand of complainant As refund
was made on re2uest of complainant5 0P is not liable to pay interest on deposits - 21(2) CPC .( #$C$
Development wor. - Petitioner failed to pro&e that no de&elopment wor4 was completed at the site - 0ffer of
possession was not responded to - ,-DA cannot be held liable for deficient ser&ice - 2((1) CPC 2)" #$C$
Developer,s fault 6espondent failed to deli&er possession of constructed house within stipulated period
Directed to pay 1*: interest with cost of 6s$ 35 - 21(2) CPC *1! #$C$
Different )rders - Different orders were passed one by President and other by two members of the 'orum -
0rder passed by President upheld - 1!!3(1) CPC )1" ,r$
*
Directions - Allotment - Directions can be issued to ,ousin% >oard to remo&e the defects in allotted house -
*ano( 0umar Adhi4ar$ &$ 'ommissioner, Assam #tate Housin) Board, 1!!*(1) CPC 1* Assam
--District 'orum cannot %i&e directions while e9ecutin% the order contrary to the terms of basic order - Har$ana
Ur"an De&elopment Authorit$ &$ 0ul"hushan 0hanna, 2((2) CPC ..( ,r$
/#o direction can be %i&en to the ,ousin% Department in &iew of pro&isions of 1ection 1" of the Act - 1!!. CPC
21* #$C$
/0pposite Party directed to e9ecute con&eyance deed to on <e9ceeded '1I= - Direction bein% not clear cannot be
implemented - 1!!((2) CPC )1" #$C$
Directions for rectification - ,ouse allotted to complainant was constructed with sub-standard material
1e&eral other defects also detected but not rectified Allotment Authorities directed to remo&e the defect in construction -
21(2) CPC ))2 ,$P$
Discremination - 8here should be no difference in price of plots allotted to two sabhas created for similar
ob+ects - Har$ana Ur"an De&elopment Authorit$ &$ Dr. B.R. Am"ed4ar #a"ha, 2(1) CPC .). ,r$
Discretionary Power - Condonation of delay of 1!! days in filin% appeal declined in discretionary powers by
#$C$ - Interference with order under Article 1.) unwarranted - 2)(2) CPC )*! 1$C$
Discretionary quota - Demand of flat under discretionary 2uota of Administrator cannot be accepted if wron%
facts of eli%ibility are narrated by complainant - 23(1) CPC )" #$C$
Discriminatory Act - Deduction of 2: of price of plot is ille%al when refund is demanded by allottee for non
deli&ery of possession - 2(1) CPC .2 8$#$
Dismissal in Default - Dismissal of complaint e&en without issuin% a notice to other party is in &iolation of
pro&isions of 1ections 1. and 1" - Complaint should be decided on merits - 1!!3(2) CPC *)( Pb$
Disobedience - ,-DA continued liti%ation on fictitious %rounds 4eepin% due allotment pendin% e&en in
&iolation of order of Ape9 Court - ,-DABs appeal dismissed with cost of 6s$ 1 lac with direction of allotment to
respondent - Har$ana Ur"an De&elopment Authorit$ &$ 0ashmiri Lal #apra, 23(1) CPC "1" Pb$ G ,r$ ,$C$
Displaced Person - Complainant was allotted a plot in colony AAB - ,is land was ac2uired for colony O>B -
Complainant not entitled to claim any concession in allotment as a ODisplaced personB - 2(1) CPC 1* Pb$
Dispossession - Fhen possession of allotted shop is %i&en by the petitioner builders5 allottee cannot see4 any
relief under the C$P$ Act for his subse2uent dispossession - 1!!"(1) CPC 2*) #$C$
Disputed bill - Cnhanced bill Fater bill issued for cost of water used to construct 1st and 2nd floors District
'orum directed 0P to collect dues from owners of other floors Complainant liable to ma4e payment as water was used
from his connection 211(1) CPC *)1 #$C$
Doctrine of legitimate epectation - Complainant accepted allotment for nursin% home at 6s$ .) per
s2uare meter - Allotment cannot be made at old rate of 6s$ 2(* on doctrine of le%itimate e9pectation - 23(2) CPC 21)
1$C$
Drainage - 'ault in - ComplainantBs house dama%ed due to faulty draina%e system - @unicipality ordered to pay
6s$ 15 to complainant - 1!!. CPC )1* Pb$
Drainage &ystem - Complainant failed to pro&e dama%e to his house on account of faulty draina%e system -
Award of 6s$ 3 compensation by District 'orum unsustainable - 2.(2) CPC .1* Pb$
Draw of Plot - ,-DA failed to con&ince that complainantBs application was included in draw of lots -
Complainant to be compensated due to non-allotment of plot by ,-DA - 21(2) CPC ""* Chd$
3arnest *oney - @ere deposit of earnest money does not ma4e an applicant entitled for allotment - Pritpal
#in)h &$ #tate o1 Pun(a", 22(1) CPC "" Pb$
3arning of liveli!ood - Plea of commercial purpose cannot pre&ail where allotment was for earnin%
li&elihood of alloteeBs son 211(1) CPC *2 Pb$
3art! /efilling - Construction raised on ,-DA plot collapsed due to incomplete earthrefillin% - Allottees held
entitled to compensation of 6s$ * to one lacs - 6state 711i+er, Har$ana Ur"an De&. Authorit$ &$ *adan Lal Dhin)ra,
1!!((2) CPC (3 ,r$
3lectricity Pole - Clectric pole in front of allottee not remo&ed - Authorities directed to pay 6s$ 2* to allottee
- Gurprit #in)h Dhillon &$ 'hie1 Administrator, PUDA, 22(2) CPC 212 Chd$
*1
3levator in building - >uilder failed to pro&ide Cle&ator for ( years contrary to a%reed terms of a%reement -
?ift pro&ided - 6s$ *5 awarded as compensation for delay of ( years - 2)(1) CPC 1* Pb$
3ligibility - Allotment of residential plot sub+ect to condition that allottee was ownin% industrial unit in the area
Condition not fulfilled Cancellation of allotment upheld - 2!(2) CPC *(2 -$P$
3mery &tones - Cmery stones purchased for factory were found to be defecti&e - Complaint could not be
dismissed that purchase was for commercial purpose - 1!!!(1) CPC *1 Pb$
3mployees quota - 8wo plots under %eneral 2uota and employees 2uota 0ld plot surrendered 0ther
cancelled due to technical ob+ection ,-DA directed to allot plot under employees 2uota 2!(1) CPC ))2 1$C$
3ncroac!ment - Cncroachment - Kuestion of encroachment on land does not come under the Consumer Act -
1!!2 CPC .* A$P$
/Allotment made on Aas is where isB basis - Installment cannot be stopped by raisin% alle%ation of encroachment or
lac4 of facilities - 23(1) CPC .)! #$C$
/,-DA cannot escape its liability to remo&e the encroach- ment of Nhu%%idwellers so as to deli&er possession to
the allottees - Har$ana Ur"an De&elopment Authorit$ &$ *iss. #halini .uli, 1!!((2) CPC .11 ,r$
/It is the duty of ,$-$D$A$ to remo&e the hi%h tension wire passin% o&er the allotted plot and approach the ,$1$C$>$
for this purpose - :.P. 5ada&, *ana)in) Dire+tor, House1ed &$ 6state 711i+er, H.U.D.A., 1!!((2) CPC 1) ,r$
/It is the duty of ,$-$D$A$ to remo&e the Nhu%%i dwellers from the allotted plot - 1!!((2) CPC !* ,r$
3nds of justice - It is settled law that court should settle the dispute on merits instead on technical %rounds5
which would ser&e the ends of +ustice 2!(1) CPC 221 Pb$
3n!anced Compensation - ,-DA should char%e price of alternati&e plot at the same rate at which ori%inal
plot was allotted - ,owe&er5 allottee must pay enhancement in compensation5 if any5 for alternati&e plot - 22(1) CPC
"1* ,r$
3n!ancement - Allottee is bound to pay enhanced price of plot raised due to ac2uisition proceedin% - 1!!((2)
CPC 2( ,$P$
3n!anced Price - Allotment authority demandin% more price than price of ad+oinin% plot - Act of authority
amounts to deficiency in ser&ice - 2(2) CPC 13 Chd$
/Allotment made in 1!!* at the rate of 6s$ 15" per s2uare yard - 1ubse2uent demand at the rate of 6s$ *5 is
un+ustified - Plot to be allotted on ori%inal price - 1!!!(1) CPC ")) Pb$
--De&elopment Authority bein% a win% of Felfare 1tate should not demand enhanced price without reasons -
21(.) CPC .* ,$P$
/Allottees are bound to pay enhanced price of houses to ,ousin% >oard when increase in price is due to ac2uisition
of land - 'hie1 Administrator, Housin) Board, Har$ana &$ Ra)hu"ir #in)h, 1!!3(2) CPC 1!* ,r$
/Delay in possession of plot due to fault of P-DA - Allottee liable to pay ori%inal price and not enhanced one -
Bal(it 0aur &$ Pun(a" Ur"an Plannin) & De&elopment Authorit$, 22(2) CPC *"( Pb$
/Cnhancement in price of plot due to cost of land and order of ,i%h Court - Allottee not entitled to challen%e
enhanced price - 2"(1) CPC 2*! Pb$
/Cnhancement of price of plot by ,-DA due to ac2uisition proceedin%s held to be +ustified - 2*(2) CPC ). #$C$
--'lat allotted at a tentati&e price - Demand of enhanced price due to rise in costs is not ille%al - 1!!((1) CPC 11!
#$C$
--,ousin% >oard ser&ed demand notice of enhanced price of house without reason #otice ri%htly set aside by
District 'orum directin% ,ousin% >oard to issue <#o 0b+ection Certificate= for re%istration 21(1) CPC 2!* ,r$
/,-DA cannot be e9pected to enhance price at double rate especially when possession was delayed for " years -
1!!!(2) CPC 2"3 Chd$
/,-DA char%ed enhanced price of 6s$ .525 but possession was not still deli&ered - Complainant held entitled
to refund of enhanced price with 13: interest - 1!!!(1) CPC )! Chd$
/,-DA demandin% enhanced price without submittin% statement of account - Demand of enhanced price not
+ustified - Har$ana Ur"an De&elopment Authorit$ &$ Risal #in)h 9alia, 21(1) CPC 2() ,r$
/#o enhancement in price of land - Increase in plot price is un+ustified - 1!!"(2) CPC *! ,r$
--0P demandin% enhanced price in accordance with terms of the a%reement 0P not liable for deficiency in ser&ice
for non-deli&ery of possession before payment - 2!(2) CPC ..) Delhi
/P$-$D$A$ cannot char%e e9cess price of plot without solid reason - 2"(2) CPC .3* Chd$
/Price of ,-DA plot was re&ised for se&eral times and penalty was imposed without offer of possession - ,-DA
directed to deli&er possession without char%in% any interest or penalty - 2((2) CPC ..* ,r$
*2
3n!ancement of Price - De&elopment Authority is entitled to re&ise price of plots on the basis of tentati&e
price due to rise in cost - 1!!)(2) CPC *!( #$C$
/Cscalation of price of plot cannot be 2uestioned under Consumer Protection Act - #.0. Gupta &$ /a)ar 3i4as
Pradhi4aran, 1!!3(1) CPC 2! ,$P$
/,ousin% >oard is competent to re&ise the price of houses within ( years of payment of last instalment - 1!!*(1)
CPC 1 #$C$
3ntire Premium - Demand of entire premium for further construction in &iolation of term of contract - Char%e
of additional premium declined - 2.(2) CPC *3 #$C$
3quality before Law - C&en instrumentality of 1tate is bound by law of limitation - #o body is abo&e law -
21(1) CPC **! Pb$
3rring )fficials - Allotment Authority should reco&er amount of compensation from errin% officials - 2"(1)
CPC )) 1$C$
/An errin% official causin% loss to Department by ne%li%ent act is liable to pay the loss - /a&in 0umar #oni &$
Union o1 %ndia, 1!!!(2) CPC *). Chd$
/Allotment Authority should reco&er amount of compensation from errin% officials - 2"(1) CPC )) 1$C$
/Authorities can reco&er the compensation part from the errin% officials - 1!!*(1) CPC )3 #$C$
/Compensation payable to consumer by allotment authority should be reco&ered from errin% officials - 2((2)
CPC )31 #$C$
/0fficials showin% false payment to +ustify cancellation of allotment of site - Department directed to ta4e action
a%ainst errin% officials - 23(1) CPC )"" Har$
/Possession of alternati&e plot unduly delayed - Crrin% official directed to pay 6s$ 25* to complainant - Direction
for deli&ery of possession issued to ,$-$D$A$ - 1!!3(1) CPC )1! ,r$
/P$-$D$A$ lost its case on account of incorrect reply by its official - Compensation should be reco&ered from errin%
official - Pun(a" Ur"an Plannin) and Ur"an De&elopment Authorit$ &$ #uresh 0umar, 1!!3(2) CPC "1 Pb$
3rroneous )rder - 6eduction in compensation from 6s$ ! lacs to " lacs without discussin% e&idence by
#ational Commission - Impu%ned order not sustainable - 21(1) CPC ).2 1$C$
3scalated Price - Cscalation of price not co&ered under the Consumer Protection Act5 when the plot is allotted
at a tentati&e price - 1!!"(1) CPC .12 #$C$
3scalation - -ndue delay of 11 years in possession despite full payment - ,-DA directed to pay 6s$ 2 lacs with
1: interest and cost of 6s$ * - 22(2) CPC "!! Chd$
3scalation in Price - Cscalation in price due to delay of ten years in deli&ery of possession of flats - EDA
must compensate allottees - 21(1) CPC "1" #$C$
3scalation of Costs - Delay of 1" years in deli&ery of possession in the name of non completion of
de&elopment wor4 - ,-DA directed to pay 6s$ 2$2* lacs as compensation due to escalated costs of material - H.U.D.A. &$
#hri A.0. :indal, 2(2) CPC .!1 Chd$
3ssence of contract - Delay in deli&ery of possession of flat is no %round to compensate the allottee where
time is not essence of contract 6elief ri%htly declined by fora below 2!(.) CPC (23 #$C$
3stimate - @ere estimate without co%ent e&idence cannot be made basis for compensation in deficiency in
housin% ser&ice - 22(1) CPC (! #$C$
3stoppel - Allottee 4ept mum for 1" years about allotment of flat - Cstopped to claim allotment as land was
utilised for public purpose - 1!!((1) CPC ) 1$C$
/Complainant acceptin% alternati&e plot - Cstopped from allotment of ori%inal plot - 1!!((2) CPC 1. #$C$
/'or wai&er5 there must be intentional abandonment of a 4nown ri%ht - 1!!((1) CPC *( #$C$
--,ousin% >oard accepted re2uest of allotee to accept the instalment as in case of hire purchase - >oard can not
resile from its underta4in% - Petition dismissed - 2.(1) CPC 11 #$C$
/Plea of estoppel does not apply where latent defect in a buildin% is chec4ed e&en after a period of * years -
1!!3(1) CPC ..) F$>en%al
3vidence - Delyin% of allotment letter in the name of production of unnecessary documents by P-DA amounts to
a deficiency in ser&ice - Bal(it 0aur &$ Pun(a" Ur"an Plannin) & De&elopment Authorit$, 22(2) CPC *"( Pb$
/C&idence closed due to counselBs fault - 0ne more opportunity to adduce the e&idence allowed - 1!!((1) CPC .)!
Chd$
*.
/Price of flat recited in a%reement - #o oral e&idence is permissible a%ainst the recited price - 2((1) CPC **1
1$C$
/1elf interest not protected before District 'orum - Production of e&idence at appellate sta%e declined - Amritsar
%mpro&ement .rust &$ #. Dharam Pal #in)h, 1!!3(2) CPC "* Pb$
--0nce appellant has denied ser&ice of notice >urden under 1ection 11" (f) of C&idence Act has shifted to
respondent 2!(1) CPC 1"" 1$C$
3cess Amount - Allotment authority demandin% escalated price time and a%ain as bein% arbitrary - 6efund of
e9cess amount with 1): interest ordered - 2.(2) CPC 2(! #$C$
/C9cess amount paid by complainant and price of plot was duly ad+usted - 8here is no deficiency in ser&ice on part
of respondent - 1!!!(1) CPC 2." Chd$
/,$-$D$A$ recei&ed e9cess amount - Compound interest wron%ly calculated - Directed to refund e9cess amount -
1!!!(1) CPC 2). ,r$
/District 'orum ordered refund of e9cess price on basis of miscalculation - Allottees directed to refund the amount
to E$D$A - Gha!ia"ad De&elopment Authorit$ &$ #ri *ohan Lal, 2*(2) CPC 2(. -$P$
3cess Area - Area of booth allotted found to be 23$)3 instead of 22$)3 s2uare metres - ,$-$D$A$ is entitled to
reco&er price of e9cess area but cannot char%e any interest on this amount - Har$ana Ur"an De&elopment Authorit$ &$ Dr.
R.#. *ali4, 1!!3(2) CPC 2.! ,r$
/Complainant was allotted 1!( 12$ ft$ instead of 3(* 12$ ft$ as applied - Complainant not bound to pay for
additional area - 6efund of amount with 1*: interest ordered - 2(2) CPC "(1 Delhi
/Construction of e9cess area due to wron% demarcation - ,-DA held liable for obstructin% construction on allotted
plot - 21(2) CPC )2) Chd$
--Allottee is bound to pay current mar4et price for e9cess area of allotted plot 21(1) CPC .(3 #$C$
--District 'orum reduced price of e9cess area of plot e9cludin% cost of construction with 1: p$a$ interest 0rder
upheld 2!(.) CPC (2. #$C$
--Area of allotted plot found to be 1 12$ @trs$ more than actual area Actual area to %i&en to allottee a%ainst cost
of plot 2!(1) CPC (21 ,r$
3cess Payment - Claim for refund of sale price after e9ecution of sale deed - Complaint not maintainable
under Consumer Protection Act - 2"(1) CPC )1) 8$#$
--De&elopment Authority is entitled to ad+ust e9cess amount paid by allottee a%ainst %round rent etc$ but act should
not be arbitrary - 1!!((1) CPC .1( ,$P$
/#on ad+ustment of e9cess amount paid for bi%%er plot a%ainst smaller plot amounts to deficiency in ser&ice - :ai
0umar *eerani &$ Har$ana #tate %ndustrial De&elopment 'orp., 1!!((1) CPC 2!3 ,r$
3cess Price - ,$1$I$D$C$ char%in% e9cess price of industrial plot complainant entitled to refund of e9cess
amount with 12: interest - 1!!3(1) CPC "1! ,r$
--Additional price char%ed from allottee as e9cess area was %i&en in allotment - Case of char%in% of e9cess price not
pro&ed - 1!!)(1) CPC .21 #$C$
/Complaint re%ardin% allotment of house on e9cessi&e price is not maintainable under the Consumer Protection Act
- 1!!"(2) CPC ".* #$C$
/DDA char%ed e9cessi&e price of flat wron% fully - Directed to refund the amount with 12: interest - 1!!)(1) CPC
*1 Delhi
/Possession deli&ered - Demand of actual price assessed by authorities cannot be said to be e9cessi&e - 22(2)
CPC 1" #$C$
3c!equer - Compensation cannot be denied merely that it would affect the 1tate C9che2uer - 1!!((1) CPC "2
#$C$
3ecution - Compliance of order of #ational Commission to pay simple interest on deposits - 0rder properly
e9ecuted - Demand of compound interest un+ustified - Ganesha Ram &$ 6state 711i+er, H.U.D.A., 2"(1) CPC .)" Chd$
/District 'orum directed petitioner to deli&er possession of house at the price pre&ailin% in the year of allotment
durin% e9ecution of ori%inal order - 0rder is &alid - 2.(1) CPC 1! #$C$
-->oth the 'ora below allowin% e9ecution application directed petitioner70P to implement the ori%inal order
allowin% respondent to chan%e purpose of use of site Impu%ned 0rder warrants no interference in re&ision 211(1)
CPC *!. #$C$
--#othin% can be added to or substracted from ori%inal order durin% e9ecution proceedin%s 21(1) CPC
)2) -$P$
*"
/District 'orum sittin% sin%ly cannot pass an order in &iew of 1ection 1" (2) and 1" (2A) of the CP Act - >ut show
cause notice issued by 'orum as @a%istrate 1st Class u7s 2( (2) is not ille%al - 2((2) CPC (3 ,r$
/Carlier order mer%ed with subse2uent order - Compliance of earlier order not possible - 2"(2) CPC "!( Chd$
/Cstate 0fficer5 ,-DA failed to comply with order despite underta4in% - Issuance of bailable warrant a%ainst C$0$
+ustified - 6state 711i+er, HUDA, #onepat &$ #mt. /irmal 'haudhar$5 2)(2) CPC .*3 ,r$
/C9ecution of order of 1tate Commission contrary to its ori%inal order by District 'orum is erroneous in eyes of
law - 2)(2) CPC "3) ,r$
/An e9ecutin% Court cannot %o behind the ori%inal order in e9ecution proceedin%s - 1!!!(2) CPC 12) ,r$
/'inal order passed by District 'orum cannot be i%nored durin% e9ecution proceedin% - 0rder is bindin% on
e9ecutin% authority - 2.(1) CPC )3* #$C$
/,$-$D$A$ failed to comply with order of District 'orum - Cstate 0fficer directed to appear before Commission to
e9plain - 1!!!(1) CPC 1"3 ,r$
/It is settled law that ori%inal order cannot be modified by District 'orum durin% e9ecution proceedin%s - Har$ana
Ur"an De&elopment Authorit$ &$ #urender #in)h, 1!!!(2) CPC 1.. ,r$
/It is settled law that ori%inal order cannot be modified by District 'orum in e9ecution proceedin%s - Har$ana
Ur"an De&elopment Authorit$ &$ Gir Ra( #aran 0ataria, 1!!!(2) CPC 1.1 ,r$
/@ain order cannot be challen%ed in re&ision filed a%ainst e9ecution proceedin%s - 2.(2) CPC *." #$C$
/#o cause of action accrued within territory of @$P$ - 0rder passed by @$P$ 1tate Commission is on nullity can be
i%nored in e9ecution - 2(2) CPC (13 -$P$
/#on compliance of order by appellant and &iolatin% direction of 1tate Commission re%ardin% compliance -
Appellant not entitled to any relief - 22(1) CPC )2* #$C$
/0rder passed on application for e9ecution - Appeal a%ainst such order not maintainable - 2*(1) CPC .23 1$C$
/0ri%inal order of District 'orum ha&in% become final cannot be re-opened in e9ecution proceedin%s - 22(2)
CPC 1.2 #$C$
/Petitioner failed to repay amount to ,$-$D$A$ in compliance of an order passed by District 'orum - Complainant
ri%htly directed to refund the amount with 13: interest p$a$ - 1!!!(1) CPC !* ,r$
/Property in dispute in possession of pro&isional ?i2uidator appointed by ,i%h Court - Application for e9ecution
under 1ection 2* of Consumer Protection Act not maintainable - 2"(1) CPC **. Chd$
/Kuantum of price reco&erable from 0$P$ not mentioned in the order 'urther direction to pay 6s$ * also %i&en -
0rder of reco&ery held to be &a%ue and not e9ecutable - 2.(1) CPC 12( Pb$
--6elief already %ranted &ide main order 6elief cannot be %ranted a%ain in e9ecution proceedin%s -
2!(.) CPC .3( ,r$
3ecution of decree - Decree passed by ci&il court cannot be e9ecuted by consumer a%encies - 2((1) CPC
1!! #$C$
3ecution of )rder - District 'orum can not %i&e directions while e9ecutin% the order contrary to the terms of
basic order - Har$ana Ur"an De&elopment Authorit$ &$ 0ul"hushan 0hanna, 2((2) CPC ..( ,r$
--0rder of re-allotment passed by District 'orum was e9ecuted durin% pendency of Consumer proceedin%s 0rder
cannot be set aside in re&ision to disturb the matter already settled - 21(2) CPC 23. #$C$
--Appeal a%ainst 0rder of allotment dismissed by 1tate Commission 0rder was e9ecuted Interference in the
order declined by #ational Commission - 21(2) CPC 1.) #$C$
3ecution of &ale Deed - Allotment authority failed to e9ecute sale deed to plot e&en after recei&in% full
amount - 0P directed to e9ecute sale deed with compensation and 13: interest - 22(2) CPC 31 #$C$
/0P failed to e9ecute sale deed of flat despite recei&in% full sale price - 0P directed to e9ecute sale deed with 6s$
2* costs and compensation - 2.(1) CPC )21 #$C$
/0rder of 1tate Commission directin% 0P builder to e9ecute re%istered sale deed based upon co%ent e&idence -
Interference in re&ision unwarranted - 2.(1) CPC ).( #$C$
-->uilders refused to e9ecute re%istration of plot thou%h complainant had a%reed to pay the balance amount 0P
directed to pay compensation with 12: p$a$ interest 2!(.) CPC ))* #$C$
--0P builder ha&in% recei&ed re2uisite amount refused to e9ecute the sale deed of flat 0P directed to e9ecute the
sale deed after recei&in% balance amount and to pay compensation7cost of 6s$ .5 to complainant 21(1) CPC 21.
#$C$
3ecution of title deeds - ?e%al heirs of %rand mother allottee cannot be denied e9ecution of title deeds of
allotment - %mpro&ement .rust Amritsar &$ A(it #in)h, 23(1) CPC "*! Pb$
**
3emption - ,ousin% >oard not bound by assurance %i&en by 1tate Eo&ernment to %i&e e9emption from
payment of stamp duty and re%istration char%es contrary to notification withdrawin% the e9emption - 2!(2) CPC "32
#$C$
3 Parte )rder - District 'orum and 1tate Commission are empowered to set aside e9 parte order or to restore
a complaint thou%h not specifically empowered by old pro&ision of C$ P$ Act - 2*(2) CPC !. -ttaranchal
/C9 parte order passed without pro&idin% proper opportunity to 0P - C9 parte order set aside - Case remanded -
2.(1) CPC **! ,r$
/6elief - Complainant failed to appear on most of the dates includin% date of ar%ument nor produced any co%ent
e&idence - 6elief %ranted to complainant set aside - 2(2) CPC *!! Pb$
/6i%ht of re&isionist not affected by remand order - 6e&isionist entitled to defend its case before 'orum - 0rder
upheld - 21(2) CPC .(" Chd$
/6espondent e&adin% ser&ice of notice for ) months - C9 parte order cannot be set aside - Ram Prashad Buildin)
'ontra+tor &$ #mt. Bi(oli Bhatta+har$a, 1!!)(2) CPC 1"! ,r$
3tension 'ee - Char%in% of e9tension fee after " years of issuance of allotment letter held to be ille%al in &iew
of ,i%h Court +ud%ment - 2"(1) CPC 23! Pb$
--Cause of action arose in 22 Complaint filed in 2( after 1* years Complaint dismissed as hopelessly time
barred- @ere correspondence cannot e9tend period of limitation - 21(2) CPC .. ,r$
--@oratorium %ranted for . years on 12$)$22 Construction of house started on 22$)$2) ?iability to pay
e9tension fee for the years 2*-) not ceased to e9ist by %rant of moratorium 211(1) CPC ).. #$C$
--Construction could not be raised as hi%h tension wire was passin% o&er the allotted house Char%in% of e9tension
fee from allottee is ille%al and un+ustified - 21(.) CPC 1( #$C$
/Complainant was allowed period for construction by ma4in% payment of 6s$25(!5* after an underta4in% -
Complainant cannot claim refund of fee with the plea that payment was made under duress - 2((1) CPC *"( Pb$
/Delay in re&alidation of plan despite e9tension fee paid - ?ater on e9cessi&e amount of fee demanded - ,-DA
directed to re&alidate plan without char%in% any fee and to pay compensation of 6s$ )5 - 2)(2) CPC .)1 ,r$
/Demand of e9tension fee without deli&ery of possession is un+ustified - Asha Rani (#mt.) &$ #tate o1 Pun(a",
21(2) CPC *3. Chd$
/C9tension fees wron%ly le&ied - 0P directed to refund the same with compensation7cost - 2.(1) CPC ". Chd$
--,-DA cannot char%e e9tension fee from allottee if area remains unde&eloped - 2.(1) CPC 2)! Chd$
--#o demand for e9tension fee raised for ! years by ,-DA Demand of 6s$ )25!() as e9tension fee from
respondent is un+ustified - 21(2) CPC 2.! #$C$
/,-DA failed to deli&er possession of plot - Allottee cannot be compelled to pay e9tension fee for construction -
Ra( Dulari Gupta &$ Har$ana Ur"an De&elopment Authorit$, 2.(2) CPC 2) Chd$
/,-DA failed to deli&er possession of plot - Demand of e9tension fee for construction is un+ustified e&en from
transferees of plots - #u"hash A))ar2al &$ Har$ana Ur"an De&. Authorit$, 1!!)(2) CPC 1*1 ,r$
/,-DA not issuin% <#o Dues Certificate= to allottee nor area is bein% de&eloped - Demand of e9tension fee from
allottee un+ustified - Har$ana Ur"an De&elopment Authorit$ &$ Risal #in)h 9alia, 21(1) CPC 2() ,r$
/Allottee at fault for not raisin% construction for . years - ?e&y of e9tension fees +ustified - 1!!. CPC )3( #$C$
/?e&y of e9tension fees by ,-DA for erection of buildin% does not constitute a deficiency in ser&ice - #ohan Lal
&$ .he 6state 711i+e, HUDA, Hissar, 1!!*(2) CPC 12! ,r$
--,-DA char%ed e9tension fee without %i&in% physical possession without which construction was not possible
,-DA directed to refund the amount with interest and cost 2!(1) CPC .!" #$C$
--Construction of house completed within prescribed period Demand for e9tension fees un+ustified 2!(1) CPC
"*1 #$C$
3tension fee+penalty - -ndue delay in deli&ery of physical possession of plot - ?e&y of e9tension
fee7penalty is un+ustified - 23(2) CPC ( #$C$
3tension of #ime - >alance price of plot with interest accepted by DDA after e9piry of time - Deemed
e9tension of time can be inferred - 21(1) CPC ).) 1$C$
/Appellant was directed to ma4e payment in 'orei%n currency upto @ay5 2) - C9tension of time sou%ht in
'ebruary 2( ri%htly declined - 23(1) CPC ..! #$C$
/0pportunity already %i&en not a&ailed by appellant - 'urther prayer for e9tendin% the time cannot be accepted -
1!!2 CPC ()3 #$C$
3tra c!arges for corner plot Demand of e9tra char%es for allotment of corner plot as per rules is not
ille%al e&en if it is a draw of allotment by lottery 21(1) CPC .() 1$C$
*)
'acilities - #ecessary facilities of roads etc$ not pro&ided to allottee - 0nly a charitable &iew in awardin% to4en
compensation is un+ustified - Case remanded - 2*(1) CPC **) Chd$
'alse affidavit - Complainant %a&e false affida&it statin% that he had no flat in the locality - #ot entitled to
alternati&e flat - .amil /adu Housin) Board &$ P. Parthasarathi, 1!!((1) CPC ) 1$C$
'aulty allotment - Death due to electrocution by ,i%h 8ension wire passin% * ft o&er allotted house -
Authorities liable for faulty allotment - 1!!3(1) CPC *)) Har$
'aulty drainage - Complaint a%ainst faulty draina%e system floodin% complainantBs home - #o hirin% of
ser&ice of @unicipal Corporation pro&ed - 6elief declined - 2.(2) CPC ".. Chd$
'alse Claim - 1tory of complainant that he deposited balance amount throu%h a draft deposited with cler4 of
department5 pro&ed to be false - Cancellation of allotment +ustified - 23(2) CPC 2*" ,r$
'inal settlement of claim - 0ri%inal order of District 'orum ha&in% become final cannot be re-opened in
e9ecution proceedin%s - 22(2) CPC 1.2 #$C$
--0rder of cancellation of plot became final - 0nly refund of deposits with !: p$a$ interest was allowed - 2.(2)
CPC 21( Chd$
/'ull amount was repaid to complainant by ,ousin% 1ociety after he had resi%ned - 'urther compensation with
interest cannot be %ranted after final settlement of claim - 22(1) CPC .)) #$C$
/1ettlement of claims ne%otiated between parties - Dispute cannot be reopened - 6elief declined - 23(1) CPC
(13 #$C$
'inality of order - 0nce appeal a%ainst order of District 'orum has been dismissed5 6e&ision by 1tate
Commission cannot be entertained - Har$ana Ur"an De&elopment Authorit$ &$ Pardeep Ahu(a, 1!!!(2) CPC 1.2 ,r$
/0nce the order became final it cannot be reopened e9cept by filin% an appeal or a re&ision - 1!!((1) CPC .2( ,r$
'iation of price - -nder the pro&isions of the Consumer Protection Act fi9ation of land price cannot be %one
into - 1!!((2) CPC 2* #$C$
/>uilder ma4in% specific statement re%ardin% price of house - >ac4in% out of his statement amounts to a deficiency
of ser&ice - Plea of lac4 of +urisdiction pertainin% to fi9ation of price repelled - 23(2) CPC ".) #$C$
'lat - Complainant defaulter in payment of instalments - Cannot claim relief of restoration of flat - 1!!*(1) CPC
2". Delhi
--Complainant deposited the flat price - Possession not %i&en within a%reed time Complainant allowed 6s$ 17 as
compensation alon% with reco&ery of deposits - 1!!"(1) CPC 2"! Delhi
/Construction of - >uilders failed to complete construction of flat within stipulated time of two years - Directed to
refund total price with 13: interest - 22(1) CPC 2(1 #$C$
/Defect in - @embers of 1ociety allotted defecti&e flats - Cach member held entitled to 6s$ 25* as compensation
for repairs of flats - 1!!. CPC .2" Delhi
/Defecti&e material - Complainant cannot be allowed to suffer on account of ne%li%ence on the part of the
appellantBs officers - 0rder of District 'orum to rectify the defects5 held to be proper and +ustified - 1!!. CPC ... Delhi
/Deficient ser&ice by opposite party in construction of flats - Claim of 6s$ 15(252( by complainant +ustified -
1!!*(1) CPC )2 >om$
/Cnhancement of price - Construction of allotted flat near completion - Cnhancement of price of land by Delhi
De&elopment Authority5 not +ustified - 6efund allowed - 1!!1 CPC 2() Delhi
/'lat purchased in open auction - @atter not co&ered under the Consumer Protection Act - 1!!*(1) CPC 2.3 Delhi
/Possession - @a+or part of price paid - P-DA should ta4e lenient &iew in ta4in% step about imposin% penalty and
deli&ery of possession - :asmer 0aur &$ #tate o1 Pun(a", 22(1) CPC 3" Pb$
---ndue delay in completion of construction and deli&ery of possession of flats - >uilders held liable to pay 6s$
25 for causin% delay - 1!!*(1) CPC )1. #$C$
'lat allotment - Allotment was made on <no profit no loss basis= without earnin% anythin% - Complaint for
dama%es not maintainable - 1!!. CPC 11. Delhi
/Allottees not raisin% any ob+ect about shorta%e of area at the time of deli&ery of possession - #ot entitled to
compensation e9cept pro&ision of amenities - 1!!*(2) CPC !3 #$C$
/Complainant assured for allotment of flat5 not %i&en the same - 6espondent directed to allot the flat to the
complainant - 1!!"(2) CPC .* Delhi
/ComplainantBs flat wron%ly %i&en to another person - Allotment of 1econd plot on ori%inal price was ordered -
1!!"(2) CPC .*( Delhi
*(
/Delay in deli&ery of flat allotted - Complainant held entitled to refund with 13: interest and compensation of 6s$
15 - 1!!*(2) CPC .. F$>en%al
--Deposit for 2 storeyed flat but . storeyed flat was allotted - Compensation of 6s$ 15 was awarded with interest
on deposit5 to the complainant - 1!!"(2) CPC .!( #$C$
/Delay in deli&ery of possession of flat due to ne%li%ence of other authorities - Allotment Authority not liable for
delay - 1!!3(2) CPC 1*" @aha$
/Deli&ery of possession delayed - 0P directed to refund the price with !: interest - 12: interest un+ustified -
2.(2) CPC ))* @aha$
/De&elopment failed to deli&er possession within time - #ecessary amenities lac4in% - Cach allottee held entitled to
compensation and allotment of flats - 1!!*(1) CPC )3 #$C$
/District 'orum awarded compensation ta4in% erroneous &iew about date of allotment - Impu%ned order set aside -
1!!3(1) CPC !2 Chd$
/Inordinate delay in deli&ery of possession of flat - Complainant allottee entitled to 13: interest on deposit -
1!!)(2) CPC .23 #$C$
/?ate deli&ery of possession of flat - 1): interest allowed on deposits for delayed period - 1!!"(1) CPC 2) #$C$
/Possession not deli&ered due to encroachment of others - Allottee must be compensated - 1!!1 CPC )2 Har$
/-ndue delay in deli&ery of possession of flat - Authorities directed to pay interest at the rate it char%in% on the due
instalments - 1!!3(2) CPC 121 @$P$
'lat and Plot - Delay in deli&ery of possession of flat is not rele&ant for escalation in construction price -
2"(1) CPC )) 1$C$
/Delay in deli&ery of possession of flat is not rele&ant for escalation in construction price - 2"(1) CPC )) 1$C$
'lat boo.ing - >uilder failed to complete construction of flat in time - ,eld liable to refund deposits with 1*:
interest - 1!!*(2) CPC "3 Delhi
/Construction of plot not completed within time by respondent - Complainant entitled to refund of deposit with
13: interest - 1!!. CPC )12 @aha$
'lat cancellation - 'lat allotted to complainant was sold by respondent - Complainant held entitled to 6s$
*5 as compensation with 13: interest per annum - 1!!*(2) CPC ..( @aha$
'lat construction - All the defects e9cept a minor one were remo&ed by DDA - Complainant not entitled to
any relief - 1!!*(1) CPC *) #$C$
/>uilder failed to complete construction of flat within time - 6efund of price with 12: interest +ustified - 22(1)
CPC .(! #$C$
/>uilder failed to construct allotted flat within stipulated period - Allottee entitled to refund of amount with 1*:
interest - 1!!*(1) CPC 23. Delhi
/>uilders failed to complete construction of flat and its deli&ery to complainant - Directed to refund total price with
compensation of 6s$ 25 with 13: interest - 2.(1) CPC *!! @aha$
/Construction of flat not in accordance with sanctioned plan - >uilders directed to pay cost of 6s$ *5 to
complainant - 2((1) CPC "(1 #$C$
/Deficient ser&ice in construction of flats by builders - Complainants held entitled to full compensation - 1!!*(1)
CPC )2 >om$
/'lat not completed within stipulated period - Allottee held entitled to 1*: interest on full price of flat - 1!!)(1)
CPC 2.1 #$C$
/6espondents failed to complete construction of flats as a%reed - Allottees allowed refund with 1*: per annum
interest - 1!!*(1) CPC *". #$C$
/Darious defects such as lea4a%e in roof and bro4en window pane etc$ were detected in allotted flat - 0$P$ liable to
pay &alue of repair 6s$ (!5*1 with 6s$ *5 as compensation - 2"(2) CPC )1 Chd$
'lat possession - ?on% delay in deli&ery of possession of flat - Allottee held entitled to compensation - 1!!"(1)
CPC 2)" #$C$
/Inordinate delay in possession of flat - Complainant allowed 13: interest on deposit and 6s$ *5 also as
compensation - 1!!)(2) CPC .. #$C$
/-ndue delay in possession of flat despite payment of entire price - Directed refund of price with 13: interest with
li2uidated dama%es - 2.(2) CPC .*2 #$C$
'lat price - 'lat allotted at tentati&e price - Cnhancement of price due to costs of material +ustified - :.P.#.
'hadha &$ Pun(a" Ur"an Plannin) and De&elopment Authorit$, 1!!)(2) CPC .!" Chd$
*3
/Possession delayed due to fault of de&elopment authority - Allottee cannot be as4ed to pay enhanced price -
1!!*(2) CPC *. #$C$
/8he 2uestion of pricin% of a flat of ,ousin% >oard cannot be %one into5 under the Consumer Protection Act -
1!!"(1) CPC )33 #$C$
--Pricin% of flat does not fall within the four corners of the Consumer Protection Act - 1!!*(1) CPC )*3 #$C$
'lat purc!ase - 6espondent failed to construct flat purchased by complainant within time - Complainant
entitled to compensation with 13: interest on deposit - 1!!)(2) CPC "*3 #$C$
'lat si4e - Area was allotted to complainant as a%reed in the deed - Complaint re%ardin% less area not
entertainable - 1!!"(1) CPC )!" #$C$
'limsy grounds - Allotment authorities cannot chan%e conditions of allotment to detriment of allottee at belated
sta%e on flimsy %rounds - 23(1) CPC .(* #$C$
'oreign ec!ange - Complainant5 not deposited price of plot in forei%n e9chan%e under #6I cate%ory scheme -
#ot entitled to allotment of plot - 1!!!(1) CPC 2.2 Chd$
'orfeiture - A resolution of #otified Area Committee about forfeiture of 1: price of total price instead of 2*:
price cannot be applied with retrospecti&e effect - 1!!!(2) CPC 2** Chd$
/Allotment not accepted due to internal problem - Authorities entitled to forfeit earnest money - >ut undue delay in
refund of deposits constitutes a deficiency in ser&ice - 2((2) CPC ).! #$C$
--Allottee deposited 2*: of total price of plot - 1urrendered plot before its instalment became due - Authorities
directed to refund price after deductin% 1: of price with 13: interest - 2(2) CPC ") Chd$
/Allottee not ma4in% payment of instalments as per schedule - 'orfeiture of 1: of cost of price while refundin%
the amount is +ustified - 2.(1) CPC .* #$C$
/Application for allotment in &iolation of terms of allotment - 6efund after deductin% 1: of deposits is +ustified -
2.(2) CPC )(3 Chd$
--Allottee surrendered the plot &oluntarily 'orfeiture of 1: of price by ,-DA is +ustified - 21(2) CPC 2((
#$C$
--,-DA failed to deli&er possession of plot despite re%ular payment of installments ,-DA not entitled to deduct
1: from refund of amount as held by District 'orum 0rder upheld - 21(2) CPC ))* #$C$
--Possession not deli&ered for )L years deposit of price 6efund allowed with deduction of 1: amount
'orfeiture of 1: amount by ,-DA un+ustified as ,-DA was itself at fault - 21(2) CPC )!* #$C$
/>uilders chan%in% location of allotted house without consent of allottee - ,eld liable to pay 12: interest on
deposits without claimin% forfeiture of 1: of deposits - 2(2) CPC "" Chd$
/Complainant opted himself for another plot after payin% 6s$ .52*5 for allotment in 2uestion - 'orfeiture of 1:
of total price i$e$ 6s$ .52*5 +ustified - 2.(1) CPC *3 Chd$
--Complainant surrendered his plot as he was unable to pay the balance amount- 'orfeiture of 1: amount is
+ustified 21(1) CPC ).( ,r$
--Complainant surrendered the plot of his own will Price was refunded after forfeitin% 1: of price Prayer for
re-allotment after . L years cannot be acceded to 21(1) CPC *"1 #$C$
/Delay of " years in deli&ery of possession - ,$-$D$A$ directed to refund deposits without forfeitin% 1: amount -
1!!!(2) CPC 2"3 Chd$
/Difference in amount of forfeiture in cases of similar nature - 0rder bein% arbitrary cannot be sustained - 'hie1
Administrator, Pun(a" Ur"an De&elopment Authorit$ &$ #mt. %nder(it 0aur, 2"(2) CPC "*. Chd$
/'ora below allowed refund of disputed amount with 3: interest as per Chandi%arh 1cheme of 1!!1 - 0P not
&ested with power to forfeit interest paid on 1*: of earnest money - 0rder upheld - 2((2) CPC "(2 #$C$
--,-DA failed to deli&er possession within stipulated period Allottee cannot be made liable to pay penalty nor
earnest money can be forfeited - 2!(2) CPC 1!! ,r$
/Information of surrender of plot %i&en within prescribed period - 'orfeiture of 1: amount 2uashed - 2*(1)
CPC .( Chd$
--#ecessary amenities include water5 electricity5 sewera%e and roads etc$ and school5 shoppin% centers and post
office which were pro&ided Cancellation of plot and forfeiture of 1: of deposit +ustified - 2!(2) CPC .(2 ,r$
/Payment of installment stopped as construction was not completed within three years under a si9 years Allotment
1cheme - Cancellation of allotment with forfeiture of deposits +ustified - 2((2) CPC )!3 #$C$
/P-DA is entitled to forfeit 1: of consideration money includin% interest and other amount for non-payment of
installments in time - Interest amount cannot be e9cluded - 2)(2) CPC .(. Pb$
*!
/6ele&ant clause of forfeiture were not in e9istence when ori%inal deposit was made - 1: of deposited amount
and not that of total price can be forfeited - 1!!((1) CPC 1! Chd$
/1urrender of plot of shop - ,-DA is entitled to forfeit 1: of deposited amount - Allottee cannot e&en claim cost
of construction made in plot of shop - 2((2) CPC (. ,r$
'orfeiture and refund - 0nce complainant has surrendered his allotted plot5 he has no ri%ht to claim re-
allotment of the same 6efund of price with forfeiture of 1: price upheld 21(1) CPC *3. ,r$
--0nce complainant has surrendered his allotted plot5 he has no ri%ht to claim re-allotment of the same 6efund of
price with forfeiture of 1: price upheld - 21(2) CPC .1 ,r$
'orfeiture of deposit - 2*: price of ,-DA plot deposited - Area not de&eloped nor possession deli&ered -
,-DA directed to refund total amount with 12: p$a$ interest and not to forfeit 6s$ 2*5 - 22(2) CPC 2)! Chd$
/Complainant was allowed a plot but subse2uently allotment was cancelled on his re2uest - 0P cannot be held
liable for forfeiture of deposit amount - 2((2) CPC .3( #$C$
'orfeiture of earnest money - 0$P$ forfeited deposited amount as complainant &oluntarily re2uested for
cancellation of plot - 'orfeiture as per brochure upheld - 2"(1) CPC "(3 #$C$
/Cstate 0fficer ordered forfeiture of earnest money i%norin% the fact that appellant had applied for transfer of plot
and had underta4en to deposit the amount on demand - 0rder of forfeiture is set aside - :a)mohan #in)h &$ #tate o1
Pun(a"5 23(.) CPC 1*1 1$C$
--Complainant failed to deposit balance of installments due to non completion of de&elopment wor4s in the area and
surrendered the plot 'orfeiture of 1: of the total price by ,-DA does not constitute a deficiency in ser&ice 2!(1)
CPC *13 ,r$
'orfeiture of price 0nce allottee has surrendered his plot of his free Fill5 ,-DA is not bound to ma4e re-
allotment of the plot C&en forfeiture of 1: price is +ustified 21(1) CPC 2(( ,r$
'ragmentation - @ere transfer of possessin% title of small areas of shops in a multistoreyed buildin%5 would not
be deemed to be a fra%mentation - 1!!2 CPC "(( ,r$
'raud - Plea of fraud in cases of allotment not raised before District 'orum - Cannot be raised first time in
re&ision - 21(2) CPC .*( #$C$
--0rder based upon fraud by statin% wron% facts 0rder not le%ally sustainable Case remanded 2!(1) CPC
*1 #$C$
'rivolous complaint - Dismissal of complaint on merits - Complainant cannot be burdoned with cost as it is
not a fri&olous complaint - #ar(it #in)h &$ 'handi)arh Housin) Board, 2"(1) CPC 12 Chd$
'urniture sale Complainant could not pro&e that 0P had unauthoriJedly sold furniture of flat purchased by
him - 1ettlement put into writin% " months before filin% complaint 6elief declined 2!(1) CPC 31 #$C$
50D0A0 flat - Deli&ery of possession of flat not %i&en to complainant but flat was rented to another person - EDA
is %uilty of deficient ser&ice - G.D.A. &. #mt. An(u Gupta, 22(1) CPC *)2 #$C$
5eneral Clauses Act - #o person can be penaliJed for non performance of an act which is beyond his control
- H.U.D.A. &. Ba"es2ar 0anhar, 2*(1) CPC 1(1 1$C$
5enerator,s facility >uilder a%reed to pro&ide standby %enerator of 2* HDA which was not sufficient for
residents of (" flats 0P held liable for deficiency in ser&ice - 21(.) CPC *** #$C$
5overnment Houses - Allottee employees of Eo&t$ 2uarters are consumer and can file a complaint for
deficient ser&ice rendered by the 1tate - 1!!*(1) CPC 2.2 6a+$
5ross negligence - De&elopers failed to pro&ide necessary flats allotted to the Complainant7 Association
6elief allowed e9cept on issues triable by ci&il court for committin% %ross ne%li%ence - 21(2) CPC .22 #$C$
5round rent - Construction could not be raised due to e9istin% pipe line runnin% throu%h allotted site - Allottee
is not liable to pay %round rent before remo&al of pipe line - 2.(1) CPC )(! Chd$
H0U0D0A0 - ,$-$D$A$ is not liable to pay interest on earnest money if delay in refund thereof is due to
administrati&e e9i%encies and not on account of mala fide - 1!!((1) CPC *)! 1$C$
H0U0D0A0 Act - Pro&isions of certain reliefs pro&ided in 1ection * of ,$-$D$A$ Act do not bar the additional
remedies for see4in% relief under the Consumer Protection Act - 1!!. CPC 2.3 ,r$
H0U0D0A0 aut!orities - Consumer 'ora cannot act as a 6e&isional or appellate authority a%ainst order passed
by authorities under ,$-$D$A$ Act - 23(1) CPC 11 ,r$
)
H0U0D0A0 boot! - Delay of . days in payment of balance amount of booth on account of Anti @andal A%itation
- Imposition of penal interest on balance by ,$-$D$A$ amounts to deficiency in ser&ice - 1!!((1) CPC *( ,r$
/Inordinate delay in deli&ery of booth by ,$-$D$A$ - Purchaser is entitled compensation and deli&ery of possession
- Har$ana Ur"an De&elopment Authorit$ &. Ram 0umar, 1!!((1) CPC *3" ,r$
H0U0D0A0 plot - 2*: price of ,$-$D$A$ plot deposited - Area not de&eloped nor possession deli&ered -
,$-$D$A$ directed to refund total amount with 12: p$a$ interest - 22(2) CPC 2)! Chd$
/A purchaser of plot from ori%inal allottee cannot demand alternati&e plot on ori%inal price on the %round that
locality of plot has not been properly de&eloped - 21(1) CPC 123 ,r$
/A transferee of ,$-$D$A$ plot bein% beneficiary and potential user is a consumer under the C$P$ Act - 0idar /ath
&. .he 6state 711i+er, H.U.D.A., 1!!)(2) CPC )1) ,r$
/A transferee of plot from ori%inal allottee cannot demand alternati&e plot from ,$-$D$A$ as he is not a consumer -
2(2) CPC 1). Chd$
/After awardin% 13: interest on deposited amount in the form of compensation5 other relief is not to be %ranted for
delay in deli&ery of possession by ,$-$D$A$ - 22(2) CPC )3) #$C$
/Allotment of earlier plot was cancelled - Alternati&e plot %i&en - #o escalation cost permissible to allottee -
22(1) CPC ". Chd$
--Allotment of plot confirmed by 1tate Commission by passin% a +ust and reasonable 0rder 0rder upheld in
re&ision 21(1) CPC .(3 #$C$
/Allotment of plot not e9istin% on site - -nauthorised deduction of 6s$ 215).! from total price - ,$-$D$A$ directed
to refund total price with 13: p$a$ interest - 1!!!(2) CPC *". Chd$
/Allotment of plot on tentati&e price - Allottee is bound to pay price of plot enhanced by Ac2uisition authorities -
2((2) CPC () ,r$
/Allotment of residential sites by way of discretionary 2uota comes under the ambit of ser&ice - 1!!"(1) CPC .1*
,r$
--Allotted plot resumed in 22 by ,-DA for ma4in% default in payment Complaint filed in 2) 6esumption
of plot upheld 2!(.) CPC (1) #$C$
/Allotted plot sub+ect of liti%ation - ,$-$D$A$ directed to allot alternati&e plot a&ailable in the area - H.U.D.A.,
6state 711i+er, Panipat &. Anil 0umar, 2"(1) CPC 2"! ,r$
/Allotted plot sub+ected to liti%ation - ,$-$D$A$ directed to allot alternati&e plot on ori%inal price - #urinder
.al2ar &. H.U.D.A. throu)h its 'hie1 Administrator5 2"(1) CPC 2* ,r$
/Allotted plot under unauthorised occupant - ,$-$D$A$ directed to allot alternati&e plot on old price - Har$ana
Ur"an De&elopment Authorit$ &. /a&neet 0u""a, 1!!3(2) CPC 2"2 ,r$
/Allottee cannot be refused deli&ery of possession due to liti%ation or other e9i%encies - In such a case alternati&e
plot should be allotted on price of ori%inal plot - 1!!!(1) CPC 23) ,r$
--Allottee compelled to surrender plot as the same was under liti%ation - 1urrender not &oluntarily made - 'ull
refund with 1: interest is payable - 22(2) CPC .2 ,r$
/Allottee complainant failed to produce completion certificate about construction on ,$-$D$A$ plot - Dismissal of
appeal +ustified on this %round - 2((2) CPC .( #$C$
--Allottee could not raise construction as desi%n for site plan was not supplied Demand of interest on instalment is
un+ustified - 21(.) CPC 23( #$C$
/Allottee informed ,$-$D$A$ for surrender of plot within stipulated period - Delay caused due to clouser of office -
Allottee cannot be penaliJed for delay - 2*(1) CPC 1(1 1$C$
/Allottee paid substantial amount but possession was delayed by ,$-$D$A$ - Allottee entitled to 1*: interest on
deposits - Deduction of 8$D$1$ by ,$-$D$A$ un+ustified - 2"(2) CPC )!2 1$C$
/Allottee re2uested for refund of deposit as plot was under de&eloped - 6efund of deposit after deduction of 1:
&alue allowed - 3i(a$ 0umar 3erma &. Har$ana Ur"an De&elopment Authorit$5 1!!((2) CPC ")* ,r$
/Allottee surrendered the plot &oluntarily 'orfeiture of 1: of price by ,-DA is +ustified - 21(2) CPC 2((
#$C$
/Allottees allotted shop at old rate - Award of interest at the rate of 12: +ustified which is payable on deposits due
to delay in deli&ery of possession - 2*(1) CPC 2") 1$C$
/Allottees are liable to pay interest ; 12: on balance amount from the date of deli&ery of possession - 1!!!(1)
CPC 1!* #$C$
/An unsuccessful applicant for plot is not entitled to interest on earnest money if refunded within reasonable period
by ,$-$D$A$ - 1!!((2) CPC ..! #$C$
)1
/Application for allotment throu%h >an4 - >an4 is a necessary party - Complaint dismissed for non impleadment of
ban4 - Har$ana Ur"an De&elopment Authorit$ &. #at$a Pal *e+handiratt, 2(2) CPC ).3 ,r$
/Application for allotment with deposits misplaced in ,$-$D$A$ office - ,$-$D$A$ liable to pay earnest money with
1: interest and cost7compensation 6s$ )5 - 2)(1) CPC 11 #$C$
--Area of allotted plot found to be 1 12$ @trs$ more than actual area Actual area to %i&en to allottee a%ainst cost
of plot 2!(1) CPC (21 ,r$
/Area of plot should not be reduced on the %round that a ,i%h 8ension wire is passin% o&er some portion of the
plot - Har$ana Ur"an De&elopment Authorit$ &. #mt. Rama :ain, 1!!((2) CPC .1. ,r$
/Area remained unde&eloped for lon% time after allotment - ,$-$D$A$ directed to pay 6s$ *5 to allottee as
compensation - L.P. #eh)al &. Har$ana Ur"an De&elopment Authorit$, 1!!((2) CPC ".1 ,r$
/Award of compensation for escalation in cost un+ustified when allottee is compensated by rise in cost of land -
0ther compensation upheld - 2"(2) CPC "3) 1$C$
/>an4 actin% as a%ent of ,$-$D$A$ failed to forward application with draft to ,$-$D$A$ - >an4 and ,$-$D$A$
directed to pay 6s$ "5 for non-allotment of plot - Har$ana Ur"an De&elopment Authorit$ &. Arun 0umar5 2((1)
CPC ..3 #$C$
-->asic facilities not pro&ided Possession of plot not deli&ered Complaint allowed by District 'orum Appeal
filed with delay of 131 days Delay cannot be condoned without sufficient cause #ot entitled relief - 21(.) CPC .*1
#$C$
--Complainant allotted low lyin% plot unfit for construction - ,$-$D$A$ directed to do necessary earth wor4 within 2
months - 1!!((2) CPC 221 ,r$
/Complainant allottee was not party to the case wherein allottees were held entitled to refund of amount by the
ape9 court - 6elief declined to complainant - 1!!"(2) CPC "*2 ,r$
/Complainant consented to alternati&e plot under compulsion - ,$-$D$A$ %uilty of deficient ser&ice - Ba"u Ram &.
6state 711i+er, H.U.D.A., 1!!((1) CPC "!" ,r$
/Complainant could not utiliJe his allotted plot despite full payment due to an electric pole in the plot - ,$-$D$A$
liable for deficiency in ser&ice - 6state 711i+er, H.U.D.A. &. #.0. 9ason5 2)(1) CPC (12 ,r$
/Complainant declined to accept bi%%er plot a%ainst her will - ,eld entitled to refund of deposit with 1*: interest -
Har$ana Ur"an De&elopment Authorit$ &. #mt. *anorma Rani, 1!!((1) CPC *3* ,r$
/Complainant deposit 4ept by ,$-$D$A$ for * years - ,$-$D$A$ directed to pay 13: interest on deposit - 1!!)(2)
CPC **. #$C$
/Complainant deposited 6s$ 13* for ,$-$D$A$ plot but remained unsuccessful in draw of lots - ,$-$D$A$ directed
to refund deposited amount with 12: interest and costs - 22(2) CPC 2*1 Chd$
--Complainant failed to pay balance price 1*: within . days resultin% in cancellation of allotment Deposit on
@inisterBs recommendation cannot be accepted 6e-allotment declined 2!(.) CPC (1! ,r$
/Complainant himself at fault as he stopped to pay instalment - Cannot claim compensation from ,$-$D$A$
Department - 1!!2 CPC "(( ,r$
/Complainant himself at fault for not completin% construction e&en durin% e9tended period - ,$-$D$A$ not liable to
compensate complainant for his own fault - 23(2) CPC )1 ,r$
/Complainant not deli&ered possession for 1 years due to liti%ation - ,eld entitled to allotment of alternati&e plot -
Har$ana Ur"an De&elopment Authorit$ &. R. P. 'ha2la, 1!!((2) CPC !" ,r$
/Complainant not payin% instalments in time - #ot entitled to relief of possession under Consumer Protection Act -
1!!"(1) CPC .2. ,r$
/Complainant opted himself for another plot after payin% 6s$ .52*5 for allotment in 2uestion - 'orfeiture of 1:
of total price i$e$ 6s$ .52*5 +ustified - 2.(1) CPC *3 Chd$
/Complainant sold his plot allotted under %eneral cate%ory - Allotment of another plot under CmployeeBs 2uota is
ille%al - 6state 711i+er, H.U.D.A., Pan+h4ula &. Anil 0ohli5 2(2) CPC 1". ,r$
/Complainant subse2uent purchaser of ,$-$D$A$ plot - #o dues standin% a%ainst ori%inal allottee - ,$-$D$A$
directed to compensate complainant and to chan%e his name in record - 22(1) CPC ).3 #$C$
--Complainant surrendered his plot as he was unable to pay the balance amount- 'orfeiture of 1: amount is
+ustified 21(1) CPC ).( ,r$
--Complainant surrendered plot on his own Fill Appeal for re-allotment was dismissed Complaint a%ainst
cancellation of allotment not maintainable 2!(.) CPC )! ,r$
/Complainant surrenderin% the plot discretionarily - #ot entitled to interest on deposit - 1!!"(1) CPC )*" ,r$
/Complainant was compelled to surrender the plot as the same was allotted to another person - ,$-$D$A$ directed
to refund deposited amount with 1: p$a$ interest - 22(2) CPC .13 ,r$
)2
/Complainant was depri&ed of deposited amount for one year - ,$-$D$A$ is liable to refund the same with 1*:
interest - Har$ana Ur"an De&elopment Authorit$ &. 'olonel Param(it #in)h (Retired)5 1!!((1) CPC *3 ,r$
--Complainant was not deli&ered possession of plot within specified time - Allowed refund of deposit with 1*:
interest - 6state 711i+er, H.U.D.A. &. #mt. %ndu Bala Bhar)a&a, 1!!)(1) CPC *!) ,r$
/Complainant was unsuccessful in auction of ,$-$D$A$ plot - ,eld entitled to 12: interest on detained amount -
H.U.D.A. &. Pa2an 0umar #harma, 1!!"(2) CPC "*3 ,r$
/ComplainantBs deposits remained with ,$-$D$A$ for lon% period - Complainant held entitled to 13: interest P$A$
on deposits till actual payment - Har$ana Ur"an De&elopment Authorit$ &. 7m Par4ash Dha$al, 1!!)(2) CPC 1.! ,r$
/ComplainantBs name was not placed in draw of lots for plots5 thou%h he had deposited the re2uired amount -
Complainant held entitled to be compensated by the opposite party - 1!!2 CPC 232 ,r$
/ComplainantBs re2uest for cancellation of plot declined - ,$-$D$A$ cancelled allotment on its own - Prayer for
reallotment not accepted - ,$-$D$A$ liable for deficiency in ser&ice - 1!!!(1) CPC 1.. ,r$
/Complaint a%ainst ,$-$D$A$ ha&in% its office in Chandi%arh can be filed at Chandi%arh under Consumer
Protection Act - 1!!!(2) CPC *"( Chd$
/Compliance of order of #ational Commission to pay simple interest on deposits - 0rder properly e9ecuted -
Demand of compound interest un+ustified - Ganesha Ram &. 6state 711i+er, H.U.D.A., 2"(1) CPC .)" Chd$
/Construction of e9cess area due to wron% demarcation - ,$-$D$A$ held liable for obstructin% construction on
allotted plot - 'hie1 Administrator, H.U.D.A. &. *rs. #uman Rana, 21(2) CPC )2) Chd$
/Construction of house obstructed on account of hi%h tension electric line - ,$-$D$A$ directed to pay 1*: interest
on deposits - Period for construction e9tended - 1!!3(2) CPC 22! ,r$
/Construction raised on plot collapsed due to incomplete earthrefillin% - Allottees held entitled to compensation of
6s$ * to one lacs - 6state 711i+er, Har$ana Ur"an De&. Authorit$ &. *adan Lal Dhin)ra, 1!!((2) CPC (3 ,r$
/Delay in deli&ery of possession by ,$-$D$A$ despite payment of price - Directed to pay 1*: interest on deposited
amount and refund 8$D$1$ etc$5 if deducted - 2*(1) CPC 223 1$C$
/Delay in deli&ery of possession due to wron% demarcation of plot by ,$-$D$A$ official - Alternati&e plot on old
price allotted with a sum of 6s$ 25 - 1!!!(1) CPC 2"( ,r$
/Delay in deli&ery of possession of a plot which was under encroachment and liti%ation - ,$-$D$A$ not at fault -
Compensation and alternati&e allotment declined - 1!!3(2) CPC 1 Pb$ G ,r$ ,i%h Court
/Delay in deli&ery of possession of ,$-$D$A$ plot due to encroachment - 6emo&al of encroachment and deli&ery of
possession ordered - 'hie1 Administrator, Har$ana Ur"an De&. Authorit$ &. Har"ans Lal, 1!!3(2) CPC 1!. ,r$
--Delay in possession despite payment of amount - ,$-$D$A$ directed to pay 13: interest on deposited amount -
2*(1) CPC 2.! 1$C
/Delay in possession of plot due to han%in% of hi%h tension wire - ,$-$D$A$ directed to pay 6s$ 11 with 12:
interest - Har$ana Ur"an De&elopment Authorit$ &. #mt. 'hander 0anta5 22(1) CPC "12 ,r$
/Delay in re&alidation of plan despite e9tension fee paid - ?ater on e9cessi&e amount of fee demanded - ,$-$D$A$
directed to re&alidate plan without char%in% any fee and to pay compensation of 6s$ )5 - 2)(2) CPC .)1 ,r$
/Delay of 1 months in refund of deposits of unsuccessful applicant - ,eld liable to refund deposits with 12:
interest - Har$ana Ur"an De&elopment Authorit$ &. Bha)2an Dass5 1!!*(1) CPC .(. ,r$
/Delay of 1 years in deli&ery of ,$-$D$A$ plot - ,$-$D$A$ directed to allot alternati&e plot and to pay 1*: interest
on deposit - Har$ana Ur"an De&elopment Authorit$ &. Par&een 0umar, 1!!((1) CPC *3. ,r$
/Delay of 1 years in deli&ery of possession of allotted plot - ,$-$D$A$ directed to pay 6s$ 2*5 as compensation
- Har$ana Ur"an De&elopment Authorit$ &. #aro( Bala5 1!!((2) CPC !2 ,r$
/Delay of 1 years in %i&in% possession of plot - ,$-$D$A$ to pay a sum of 6s$ 1 with 1*: interest - #ot 6s$ "
lacs - Har$ana Ur"an De&elopment Authorit$ &. B.D. Dha2an, P'#5 21(2) CPC *23 Chd$
/Delay of 1 years in %i&in% possession of plot to allottee - ,$-$D$A$ directed to allot alternati&e plot at old price -
Har$ana Ur"an De&elopment Authorit$ &. D.3. Bhatia, 1!!((1) CPC *3 ,r$
/Delay of 11 years in deli&ery of possession - Cost of construction escalated due to delay - ,$-$D$A$ directed to
pay 6s$ 2$* lacs with 1*: interest to complainant - 21(2) CPC ." Chd$
/Delay of 11 years in deli&ery of possession - ,$-$D$A$ to pay 13: interest per annum from two years after date of
allotment to date of offer of possession - 2"(1) CPC *.2 ,r$
/Delay of 11 years in deli&ery of possession after allotment - ,$-$D$A$ directed to deli&er possession at the earliest
to complainant - 1!!"(2) CPC .2) ,r$
--Delay of 11 years in deli&ery of possession of plot ,-DA directed to pay 1*: p$a$ interest on deposited amount -
21(.) CPC !1 #$C$
).
--Delay of 1-172 months in refund of deposits made by ,$-$D$A$ - Complainant not entitled to payment of interest
on deposits - 1!!((2) CPC "2" #$C$
/Delay of 1" years in deli&ery of possession in the name of non completion of de&elopment wor4 - ,$-$D$A$
directed to pay 6s$ 2$2* lacs as compensation due to escalated costs of material - 2(2) CPC .!1 Chd$
/Delay of 1* years in allotment of alternati&e plot as ori%inal was under liti%ation - ,$-$D$A$ to char%e price of
ori%inal plot - 2((2) CPC )*( #$C$
/Delay of 1* years in possession of plot - ,$-$D$A$ directed to pay 13: p$a interest on deposits from date of
deposits till payment - Ra( Dulari Gupta &. Har$ana Ur"an De&elopment Authorit$, 2.(2) CPC 2) Chd$
/Delay of 1( years in deli&ery of possession due to encroachment - Allotment of alternati&e on old price ordered
with 6s$ 2 lacs - :ana4 0umar &. Har$ana Ur"an De&elopment Authorit$, 1!!!(1) CPC 2" ,r$
/Delay of " years in deli&ery of possession - ,$-$D$A$ directed to refund deposits without forfeitin% 1: amount -
1!!!(2) CPC 2"3 Chd$
/Delay of * years in deli&ery of possession by ,$-$D$A$ - Directed to refund deposit with 13: interest p$a$ to
complainant - 1!!((2) CPC "21 Chd$
/Delay of ( years in deli&ery of possession - ,$-$D$A$ directed to refund price of plot with 1: interest - 'hie1
Administrator, H.U.D.A. &. #mt. #arla Rani, 21(2) CPC *"* Chd$
/Delay of ( years in deli&ery of possession of alternati&e plot - Complainant entitled to compensation of 6s$ *5
- Har$ana Ur"an De&elopment Authorit$ &. 3ed Par4ash, 1!!!(2) CPC ))" Chd$
/Delay of ( years in deli&ery of possession of plot - ,$-$D$A$ directed to pay 6s$ )(5 as dama%es to
complainant - 0.L. /a)pal &. .he 'hie1 Administrator, 1!!!(2) CPC ))) Chd$
/Delay of (-172 years in deli&ery of possession - Area not fully de&eloped - ?ac4 of amenities - ,$-$D$A$ directed
to pay sum of 6s$ 2525 with 1*: interest to complainant - 1!!!(1) CPC 2"" ,r$
/Delay of 3 years in deli&ery of possession - ,$-$D$A$ directed to pay 6s$ 25 with 12: p$a$ interest - 22(2)
CPC 221 Chd$
/Delay of 3 years in deli&ery of possession of plot - ,$-$D$A$ directed to pay 6s$ 2 lacs with 1*: interest and
deli&er possession within one month - 1!!!(1) CPC ."3 ,r$
/Delay of ! months in refundin% the deposit - ,$-$D$A$ held liable to compensate allottee - 1!!"(1) CPC )*" ,r$
/Delay of ! years in deli&ery of possession - ,$-$D$A$ directed to pay 6s$ *5 with cost to complainant -
21(2) CPC .!1 Chd$
/Delay of ! years in deli&ery of possession after recei&in% full payment by ,$-$D$A$ - ,$-$D$A$ directed to refund
full amount with 13: interest p$a$ and compensation of 6s$ **5 - 2(2) CPC )1" Chd$
/Delay of ! years in deli&ery of possession of allotted plot - Eross ne%li%ence pro&ed - Complainant entitled e&en
to alternati&e plot - 1!!. CPC **1 ,r$
/Delay of four years - Complainant held entitled to refund of deposit with 12: interest after 2-172 years - 1!!)(1)
CPC ). ,r$
/Delay of more than 2 years in deli&ery of possession - Allotee entitled to 13: interest from date after 2 years of
allotment - 6s$ 2 lacs awarded as enhanced costs of construction - 2.(1) CPC "3 Chd$
/Delay of one and half month in refund of amount does not entitle an unsuccessful applicant to interest on the
deposit - 1!!((1) CPC *1 ,r$
--Delay of one decade in deli&ery of possession of plot - ,$-$D$A$ directed to deli&er the plot and to pay 1*: per
annum on deposit with 6s$ 2*5 as compensation- 1!!3(1) CPC )"! ,r$
/Delay of one decade in deli&ery of possession of plot - ,$-$D$A$ directed to pay interest at the rate of 12: on
deposits - 1!!!(1) CPC .)! ,r$
/Delay of one decade in %i&in% possession of plot - ,$-$D$A$ directed to pay 6s$ 2525 as compensation -
1!!!(1) CPC 23. ,r$
/Delay of one 2uarter of century in deli&ery of possession of ,$-$D$A$ plot after payment - ,$-$D$A$ directed to
deli&er plot at ad+acent site and to pay 6s$ *5 - 1!!)(2) CPC )1! ,r$
/Delay of possession of plot for si9 years - ,$-$D$A$ liable for deficient ser&ice - 1!!3(1) CPC )22 ,r$
/Delay of two to three years in deli&ery of possession is tolerable ,-DA directed to pay 6s$ "5 for delayin%
possession for more than * years without sufficient reason - 21(2) CPC 2.) #$C$
/Delay of two years and si9 months in deli&ery of possession of allotted plot - ,$-$D$A$ directed to refund
deposited amount with 1*: interest - 2((2) CPC 2.! #$C$
/Delay of two years in deli&erin% of the possession of ,$-$D$A$ plot - Compensation of 6s$ .25 for escalation
of construction cost and mental a%ony upheld - 22(1) CPC )21 #$C$
)"
/Deli&ery of possession delayed by ,$-$D$A$ itself - Interest on delayed payment not proper - 1!!((1) CPC *!"
,r$
/Demand of additional price with interest on increased area of shop-cum-flat from date of ori%inal allotment not
un+ustified - 22(1) CPC ).2 #$C$
/Demand of compound interest by ,$-$D$A$ on balance amount held to be ille%al - 2)(2) CPC 3) ,r$
/Denial of supply by Clectricity Department to show room on ,$-$D$A$ plot on its completion - ,$-$D$A$ cannot
be denied payment of interest on balance installment on %round of non-supply of electricity - 2)(2) CPC .*2 ,r$
/District 'orum awarded 1*: interest on deposits as possession was delayed by ,$-$D$A$ - Increase in rate of
interest from 1*: to 13: by #ational Commission un+ustified - 2"(2) CPC .2) 1$C$
--District 'orum cannot force allotment authorities to ma4e alternati&e allotment of a specific plot Any plot can be
allotted of same siJe and on same condition 0rder modified 21(1) CPC 2! ,r$
/Cnhancement of price of plot by ,$-$D$A$ due to ac2uisition proceedin%s held to be +ustified - 2*(2) CPC ).
#$C$
--Cntire price of plot deposited but possession not deli&ered to allottee - ,$-$D$A$ directed to pay a compensation of
**5 with 12: interest per annum for ne%li%ence - 2(2) CPC )13 Chd$
/Cstate 0fficer5 ,$-$D$A$ failed to comply with order despite underta4in% - Issuance of bailable warrant a%ainst
C$0$ +ustified - 2)(2) CPC .*3 ,r$
/,$-$D$A$ allotted 1C0s$ in prohibited area - Plan not sanctioned causin% hu%e loss to complainant - ,$-$D$A$
directed to refund deposits with 12: interest with 6s$ *5 as compensation - 1!!!(1) CPC .*3 ,r$
/,$-$D$A$ Authorities delayed deli&ery of possession for * years - Allottee held entitled to 1*: interest on
deposits - 1!!*(2) CPC 2". ,r$
/,$-$D$A$ can claim interest on balance price only after deli&ery of possession of plot - 22(1) CPC "13 ,r$
/,$-$D$A$ can deduct 1: of price only when there is &oluntary surrender of plot and not otherwise - 2.(2)
CPC 22" #$C$
/,$-$D$A$ cancelled allotment forfeitin% deposits unlawfully - Directed to refund amount with 1*: interest and
cost of 6s$ 1*5 - 2"(2) CPC .1( 1$C$
/,$-$D$A$ cannot be e9pected to lea&e the helpless consumer on perpetual tenterhoo4s and is bound to ma4e land
a&ailable at no profit no loss basis - 1!!"(2) CPC **! ,r$
/,$-$D$A$ cannot be restrained from char%in% interest on balance money by raisin% a plea that possession was
deli&ered only on paper and not in actual terms - 23(1) CPC *12 #$C$
/,$-$D$A$ cannot char%e interest more than the amount payable for enhanced compensation - 1!!((2) CPC 2!(
,r$
/,$-$D$A$ cannot claim interest on balance amount from date of allotment but from date of possession - 22(1)
CPC "1) ,r$
/,$-$D$A$ cannot escape its liability to remo&e the encroachment of Nhu%%idwellers so as to deli&er possession to
the allottees - 1!!((2) CPC .11 ,r$
/,$-$D$A$ cannot retain e9cess amount if deli&ery of plot is delayed - ?iable to refund e9cess amount with interest
at the rate it is char%in% from allottees - 1!!*(2) CPC "2 ,r$
/,$-$D$A$ cannot shir4 its duty of deli&ery of possession to allottee contendin% that Nhu%%i dwellers ha&e
encroached upon the plots - 1!!((2) CPC !* ,r$
/,$-$D$A$ chan%ed cate%ory of plots from utility to economy without any instructions - ,$-$D$A$ held liable for
deficiency in ser&ice - 1!!3(2) CPC 2"1 ,r$
--,$-$D$A$ char%ed enhanced price of 6s$ .525 but possession was not still deli&ered - Complainant held
entitled to refund of enhanced price with 13: interest - 1!!!(1) CPC )! Chd$
/,$-$D$A$ claimed that delay in deli&ery of possession of plot was due to pendency of liti%ation - ,$-$D$A$ cannot
see4 immunity fro liability - 1!!)(2) CPC )11 ,r$
/,$-$D$A$ comes under Consumer +urisdiction - C&en plea of plots bein% of commercial nature is no defence -
1!!"(2) CPC "*3 ,r$
/,$-$D$A$ committed deficiency in ser&ice by not deli&erin% possession of allotted plot - Compensation of 6s$
2*5 with 1*: interest held to be reasonable - 2.(1) CPC )1) #$C$
/,$-$D$A$ committed mista4e in calculation of instalments and interest thereon - Directed not to char%e any
interest on balance - 1!!)(1) CPC )2 ,r$
/,$-$D$A$ delayed deli&ery of possession of alternati&e plot - Directed to pay 1*: interest per annum on deposit
till date of order - 1!!3(1) CPC )" ,r$
)*
/,$-$D$A$ delayed deli&ery of possession without +ustification - Directed to pay compensation or 6s$ 1*5 with
cost 6s$ 15 - 21(1) CPC 2() ,r$
/,$-$D$A$ delayed possession of allotted plot for ( years - Directed to pay 13: interest on deposits with )5 as
cost - 21(2) CPC 11* Chd$
/,$-$D$A$ delayed possession of plot without +ustification - Directed to %i&e possession and also to pay interest on
deposited amount - 22(1) CPC "1" ,r$
/,$-$D$A$ delayin% deli&ery of possession for * years e&en after full payment - #ot entitled to demand additional
price from allottee - 1!!((2) CPC 1"( ,r$
/,$-$D$A$ demanded 13: interest on balance amount e&en before %i&in% possession of plot - Directed to refund
the amount of interest - 1!!)(2) CPC ."3 ,r$
/,$-$D$A$ failed to comply with order of District 'orum - Cstate 0fficer directed to appear before Commission to
e9plain - 1!!!(1) CPC 1"3 ,r$
/,$-$D$A$ failed to con&ince that complainantBs application was included in draw of lots - Complainant to be
compensated due to non-allotment of plot by ,$-$D$A$ - 21(2) CPC ""* Chd$
/,$-$D$A$ failed to deli&er possession despite substantial payment - Directed to pay 13: interest on deposited
amount and not to deduct 8$D$1$ amount - 2"(2) CPC )!* 1$C$
--,$-$D$A$ failed to deli&er possession of allotted plot despite ma4in% full payment - Directed to ma4e allotment of
alternati&e plot at ori%inal price - 23(2) CPC ")1 #$C$
/,$-$D$A$ failed to deli&er possession of allotted plot for four years as the plot was in possession of police - >lame
cannot be shifted to allottee - 6s$ 0ne ?ac awarded as compensation to allottee - 1!!2 CPC *!2 ,r$
/,$-$D$A$ failed to deli&er possession of plot - Demand of e9tension fee for construction is un+ustified e&en from
transferees of allotted plots - 1!!)(2) CPC 1*1 ,r$
/,$-$D$A$ failed to deli&er possession of plot after recei&in% price of plot for a lon% period - Directed to refund
total deposits with 1*: interest - 2(1) CPC *.) Chd$
/,$-$D$A$ failed to deli&er possession of plot despite repeated re2uests - Directed to pay 6s$ !5 to allottee -
1!!3(1) CPC .() ,r$
/,$-$D$A$ failed to issue <no ob+ection certificate= despite payment of full amount - ,$-$D$A$ committed a
deficiency in ser&ice - Directed to issue certificate to complainant - 2)(1) CPC (( ,r$
/,$-$D$A$ failed to pro&e that offer of possession was sent to the new address of complainant - ,$-$D$A$ cannot
char%e interest or e9tension fees for non-construction within stipulated period - 2((2) CPC 21 ,r$
/,$-$D$A$ failed to remo&e electric wire o&er the site - Construction wor4 could not be started - ,$-$D$A$ directed
to pay 6s$ 25()5* and remo&e the wire - 1!!!(1) CPC *1) ,r$
/,$-$D$A$ found %uilty of deficiency in ser&ice in renderin% ser&ice relatin% to allotment of plot - Compensation
and cost at 6s$ (* ri%htly awarded to complainant - 21(2) CPC .31 ,r$
/,$-$D$A$ is bound to allot a plot in alternate sectors to an applicant who has hired its ser&ices for consideration -
H.U.D.A. &. #mt. Prem Lata, 1!!"(1) CPC 21 ,r$
/,$-$D$A$ is bound to refund the amount after deductin% 1: of price e&en if allottee has surrendered the plot -
Har$ana Ur"an De&elopment Authorit$ &. Bir #in)h #odhi, 1!!((2) CPC .12 ,r$
/,$-$D$A$ is duty bound to pay 13: interest from e9piry of . years of allotment till encroachment (,i%h tension
wire) is remo&ed - 1!!((2) CPC 1) ,r$
/,$-$D$A$ is not entitled to withhold the deposit without interest for an indefinite period - 6state 711i+er,
H.U.D.A., Rohta4 &. #mt. Parmesh2ari De&i, 1!!2 CPC "2( ,r$
/,$-$D$A$ is not under an obli%ation to disclose ori%inal Hhasra #umber of plot before le&yin% additional price -
1!!"(2) CPC 1.) ,r$
--,$-$D$A$ ma4in% undue delay in deli&ery of possession of plots - ,eld liable to compensate the allottees -
Har$ana Ur"an De&elopment Authorit$ &. Ramesh 0umar Popli, 1!!)(1) CPC 2)* ,r$
/,$-$D$A$ not entitled to char%e interest on price of plot before deli&erin% its possession - Har$ana Ur"an
De&elopment Authorit$ &. *ahesh 'hander Arora, 1!!((1) CPC *) ,r$
/,$-$D$A$ not +ustified in delayin% possession on the plea that site has been encroached upon by Nhu%%i dwellers -
Har$ana Ur"an De&elopment Authorit$ &. *a(or Prem Paul #harma, 1!!((2) CPC !. ,r$
/,$-$D$A$ offered to deli&er possession of plot on 2($12$2 but necessary re2uirements were completed on
1!$12$21 - H.U.D.A. +annot demand interest on "alan+e - 22(2) CPC .1) ,r$
/,$-$D$A$ refused to %i&e allotment letter to transferee of plot e&en after %rantin% its sanction and receipt of
payment - ,$-$D$A$ %uilty of deficient ser&ice - 1!!3(1) CPC .). ,r$
))
/,$-$D$A$ should char%e price of alternati&e plot at the same rate at which ori%inal plot was allotted - ,owe&er5
allottee must pay enhancement in compensation5 if any5 for alternati&e plot - 22(1) CPC "1* ,r$
/,$-$D$A$ should char%e price of alternati&e plot at the same rate at which the ori%inal plot was allotted if allottee
is not at fault - 22(1) CPC "2" ,r$
/,$-$D$A$ was directed to pay 13: interest on deposits by Distt$ 'orum - 6ate of interest reduced to 1*: in
appeal - H.U.D.A. &. Pushpa2ati, 1!!*(2) CPC ". ,r$
/,$-$D$A$ wron%ly allotted industrial plot already allotted to complainant - Complainant entitled to allotment of
alternati&e plot at ori%inal price - 1!!((1) CPC ** ,r$
--,i%hest bid for plot %i&en by complainant #ecessary amount deposited Fithdrawal of plot by ,-DA from
auction without reason amounts to deficiency in ser&ice 21(1) CPC !1 ,r$
/,ouse Plan not sanctioned by ,$-$D$A$ - #o reason %i&en - Directed to sanction plan without any e9tension fee -
1!!!(1) CPC 2). ,r$
--,-DA allotted plot two times occupied by others Appeal filed with delay of 1" days without %i&in% satisfactory
reason for delay Appeal dismissed on %round of limitation and also on merit 2!(.) CPC ).* #$C$
--,-DA cannot cancel allotment of plot to complainant whose land was ac2uired and who had deposited price of
plot 21(1) CPC .() #$C$
/,-DA cannot enhance price of plot without +ustification >ut it can char%e interest includin% penal interest for
default in payment as per terms of letter of allotment - 21(2) CPC *3 #$C$
--,-DA char%ed e9tension fee without %i&in% physical possession without which construction was not possible
,-DA directed to refund the amount with interest and cost 2!(1) CPC .!" #$C$
--,-DA demanded e9cess amount from allottee on bald statement and without any audit report Demand held to be
un+ustified and hence 2uashed - 21(.) CPC !2 #$C$
--,-DA failed to deli&er possession of allotted plot despite payment of its entire price 8he plea of pendency of
court case not pro&ed ,-DA directed to %i&e possession of plot with 12: p$a$ interest - 21(.) CPC *"" #$C$
/,-DA failed to deli&er possession of plot despite re%ular payment of installments ,-DA not entitled to deduct
1: from refund of amount as held by District 'orum 0rder upheld - 21(2) CPC ))* #$C$
--,-DA failed to deli&er possession within stipulated period Allottee cannot be made liable to pay penalty nor
earnest money can be forfeited - 2!(2) CPC 1!! ,r$
/,-DA failed to pro&e by co%ent e&idence that possession was offered in time 6efund of deposited price with
12: p$a$ interest ri%htly ordered by District 'orum as possession was delayed for . years - 21(2) CPC (2* #$C$
--,-DA is entitled to claim interest on delayed installment Plea of pro&idin% amenities is not condition precedent
6elief declined 21(1) CPC "!) #$C$
--,-DA issued completion certificate with delay of 1" months instead within ( days ,-DA held liable to
compensate complainant for deficiency in ser&ice on its part 21(1) CPC !( #$C$
--,-DA recei&ed total tentati&e price of 6s$ (53!5.) from the allottee but possession delayed for more than " years
6efund of deposited amount allowed without deductin% 1: price with 12: p$a$ interest and compensation7cost of 6s$
)5 - 21(.) CPC *11 #$C$
/In case of delay due to liti%ation5 allottee is entitled to allotment of alternati&e plot - 1!!*(2) CPC .!2 ,r$
/In the absence of any prohibition in allotment letter5 an allottee cannot be debarred from transferrin% his plot to a
proposed &endee - 2((1) CPC )** ,r$
/Inad&ertence by ,$-$D$A$ in usin% the depositorBs amount pro&ed - Interest at the rate of 13: on deposit allowed
to complainant - 1!!. CPC 3*! ,r$
/Interest at the rate of 13 per cent on the amount challen%ed - Interference in the order declined - 22(1) CPC 23)
#$C$
/Interest on balance demanded by ,$-$D$A$ w$e$f$ 1!3) without reason - Directed to char%e interest w$e$f$ 1!!.
when stay from ,i%h Court was &acated - 2(2) CPC 1*2 ,r$
--It is now settled that ,-DA can not char%e compound interest but simple interest on outstandin% amount 2!(1)
CPC .. #$C$
/It is settled that an alternati&e plot should be allotted at the old price of the ori%inal plot - 1!!3(1) CPC .)! ,r$
--?e&y of e9tension fee for buildin% construction under ,$-$D$A$ Act is not ille%al - H.U.D.A. &. #mt. Re4ha #in)h,
1!!. CPC ()" ,r$
/@atter of allotment pendin% in &e9atious liti%ation for the last 1( years - 6ele%atin% complainant to Ci&il Court in
the name of complications is un+ustified - 2)(1) CPC .33 ,r$
/@ere delay of . years in offer of possession does not entitle allottee to stop payment of balance amount - 23(1)
CPC 1* ,r$
)(
--@erely that complainant was a subse2uent purchaser of ,-DA plot is no %round to turn down the re2uest of
complainant 6elief %ranted by the District 'orum upheld 211(1) CPC *(* #$C$
/@odes of allotment by way or draw of lots5 by direct allotment or by discretionary 2uota all are on e2ual footin% -
1!!"(1) CPC *! ,r$
/#e%li%ence - Complainant suffered hu%e loss due to inordinate delay in deli&ery of possession of plot - ,$-$D$A$
directed to pay 6s$ 2 lacs plus 6s$ 25 as compensation - 1!!!(1) CPC 2.* ,r$
/#o letter of demand deli&ered to complainant - Fithdrawal of offer of plot for non payment amounts to deficiency
in ser&ice - 23(1) CPC .)2 #$C$
/#on deli&ery of possession as plot was under liti%ation - Alternati&e plot on ori%inal price must be allotted -
22(2) CPC .1" ,r$
/#on deli&ery of possession by ,$-$D$A$ due to non-deposit of necessary amount by allottee - ,$-$D$A$
committed no fault - 2)(2) CPC "3) ,r$
/#on deli&ery of possession5 e&en after completion of de&elopment in area - ,$-$D$A$ directed to 6s$ *5 with
13: interest after 2 years of deposited amount - 2.(1) CPC 1! Chd$
/#on payment of balance amount of plot alle%edly due to non construction of public toilet in locality - Allottee
ri%htly directed to pay balance amount with 13: interest - 22(2) CPC .1 ,r$
/#on payment of enhanced price of ,$-$D$A$ plot without reason - ,$-$D$A$ not liable for non deli&ery of
possession to complainant allottee - Har$ana Ur"an De&elopment Authorit$ &. #mt. #unita5 2((1) CPC 1) ,r$
/0nce allottee has accepted letter of allotment sub+ect to terms of allotment - 1ubse2uently he cannot say that
demand of additional price is ille%al - 6state 711i+er, H.U.D.A., ,arida"ad &. :a)mohan, 2((2) CPC 1.3 ,r$
--0nce allottee has surrendered his plot of his free Fill5 ,-DA is not bound to ma4e re-allotment of the plot C&en
forfeiture of 1: price is +ustified 21(1) CPC 2(( ,r$
--0nce allottee has surrendered the allotted plot5 ,-DA is entitled to cancel the allotment with forfeiture of 1:
deposited amount 21(1) CPC ).* ,r$
/0nce complainant has surrendered his allotted plot5 he has no ri%ht to claim re-allotment of the same 6efund of
price with forfeiture of 1: price upheld - 21(2) CPC .1 ,r$
/Payment made for . s2$ yds$ but area of 1*2 s2$ yds$ was allotted 'ora below ri%htly directed to refund e9cess
amount by ma4in% ad+ustment of deposits for 1*2 s2$ yds$ 0rder upheld - 21(2) CPC (1* #$C$
/Possession not deli&ered for )L years deposit of price 6efund allowed with deduction of 1: amount
'orfeiture of 1: amount by ,-DA un+ustified as ,-DA was itself at fault - 21(2) CPC )!* #$C$
--6efund claimed as necessary amenities were not pro&ided upto " years after allotment Deduction of 1: by
,-DA un+ustified 0P directed to refund total price with 12: interest and costs - 21(.) CPC ! #$C$
/6efund was claimed as ,-DA delayed possession Deduction of 1: price by ,-DA un+ustified - 21(2)
CPC (11 #$C$
/1tate Commission passed a well reasoned order directin% allottee to pay total amount with 1*: p$a$ interest
,-DA not to char%e any penalty 0rder upheld - 21(2) CPC 1" #$C$
--0nce complainant has surrendered his allotted plot5 he has no ri%ht to claim re-allotment of the same 6efund of
price with forfeiture of 1: price upheld 21(1) CPC *3. ,r$
/0nly symbolic possession %i&en to complainant allottee - Area remained unde&eloped - Demanad of e9tension fee
cannot be sustained - 22(1) CPC )." #$C$
/0ri%inal plot could not be deli&ered by ,$-$D$A$ - Complainant entitled to alternati&e plot at ori%inal price -
2"(1) CPC 11 #$C$
/0ri%inal plot under encroachment in unde&eloped area - ,$-$D$A$ directed to allot an alternati&e plot to
complainant - 6state 711i+er, Har$ana Ur"an De&elopment Authorit$ &. #hri #. P. 0apoor5 1!!3(1) CPC )1" ,r$
--0ri%inal plot under liti%ation - Alternati&e allotment should be made on old rates - 2"(1) CPC *.1 ,r$
/0ri%inal plot under liti%ation - Alternati&e plot allotted at a distant place constitutes a deficiency in ser&ice -
AllotteeBs demand to be considered - 1!!3(1) CPC )21 ,r$
/Payment of interest on deposit should be decided by Consumer 'ora on the principles laid down in G.D.A. &.
Bal"ir #in)h;s Case 2" (1) C$P$C$ )) 1$C$ - 2"(2) CPC )3" 1$C$
/Period of . years is reasonable period for de&elopment and deli&ery of possession of allotted plot - 1!!((2) CPC
.2" ,r$
/Petitioner failed to pro&e that no de&elopment wor4 was completed at the site - 0ffer of possession was not
responded to - ,$-$D$A$ cannot be held liable for deficient ser&ice - 2((1) CPC 2)" #$C$
/Plot allotted in 1ector 1" - After ( years alternati&e plot was offered in 1ector 3 with enhanced price - Era&e
in+ustice with complainant - ,$-$D$A$ directed to %i&e plot at ori%inal price - 1!!"(1) CPC ))) ,r$
)3
/Plot in unathorised possession of third party with conni&enance of ,$-$D$A$ employees - Allottee allowed refund
of price with 1*: interest - 2.(2) CPC *( #$C$
/Plot resumed due to non payment of balance money but restored sub+ect to payment of enhanced amount by
Administrator ,$-$D$A$ - Appeal not maintainable under C$P$ Act - 23(1) CPC ** #$C$
/Possession certificate si%ned by husband of complainant with open eyes - Direction by 'orum to complete
de&elopment wor4s and not to char%e panel interest i%norin% deli&ery of possession5 unsustainable - 2)(2) CPC (3 ,r$
/Possession delayed for lon% time - Allottee entitled to interest on deposit at mar4et rate (13: in this case) - 1!!.
CPC *"1 ,r$
/Possession not deli&ered despite payment - ,$-$D$A$ cannot char%e interest on delayed payment till date of offer
of possession - 2*(1) CPC 212 1$C$
/Possession not deli&ered despite payment of all dues - Compensation and cost of 6s$ *25 with 13: interest
upheld - 2"(2) CPC 2() 1$C$
/Possession not deli&ered despite payment of substantial amount - Allottee entitled to refund of deposited amount
with 1*: interest and deducted 8$D$1$ with 12: interest - 2"(2) CPC )!" 1$C$
--Possession not deli&ered despite substantial payment - ,$-$D$A$ to pay 1*: interest without deductin% 8$D$1$ -
2"(2) CPC )3* 1$C$
/Possession not deli&ered due to liti%ation - Alternati&e plot should be allotted at the price at which ori%inal plot
was allotted - 22(1) CPC "2. ,r$
/Possession not deli&ered due to stay %ranted by ,i%h Court - 6efund with 1: is appropriate relief - 22(2) CPC
.1* ,r$
/Possession of alternati&e plot unduly delayed - Crrin% official directed to pay 6s$ 25* to complainant - Direction
for deli&ery of possession issued to ,$-$D$A$ - 1!!3(1) CPC )1! ,r$
/Possession of plot delayed - Area not de&eloped - 8otal amount paid by allottee - ,$-$D$A$ directed to pay 6s$
2525 as compensation - 1!!!(1) CPC *21 ,r$
/Possession of plot delayed by * years - Area not de&eloped - ,$-$D$A$ to pay 6s$ 2525 as compensation -
1!!!(1) CPC .(2 ,r$
/Possession of plot delayed for lon% as there was a 1amadhi on the site - ,$-$D$A$ directed to pay 6s$ .515 -
1!!3(1) CPC "* ,r$
/Possession of plot delayed for one decade - Area not de&eloped - ,$-$D$A$ made to pay 6s$ 2525 with 1*:
interest on deposit - 1!!!(1) CPC .!1 ,r$
/Possession of plot delayed for one decade - ,$-$D$A$ directed to pay compensation of 6s$ 2525 with interest -
1!!!(1) CPC *12 ,r$
/Price of ,$-$D$A$ plot was re&ised for se&eral times and penalty was imposed without offer of possession -
,$-$D$A$ directed to deli&er possession without char%in% any interest or penalty - 2((2) CPC ..* ,r$
/Purchaser of ,$-$D$A$ plot is entitled to en+oy same facilities as are pro&ided to the ori%inal allottee - 1!!3(1)
CPC 11 ,r$
/Kuestion of pricin% of plot allotted by ,$-$D$A$ cannot be %one into under the C$P Act - 22(2) CPC (( #$C$
/Kuestion of pricin% of plot cannot be decided in the Consumer +urisdiction - 1!!)(1) CPC )3. ,r$
/6ate of interest awarded at 1: per annum re&ised to 13: by #ational Commission - 6ate of interest restored to
1: only - 2"(2) CPC .) 1$C$
--6efund - ,$-$D$A$ delayed possession of plot for * years - Directed to refund deposits with 13: interest per
annum - 1!!3(1) CPC .)" ,r$
/6efund of 6s$ . as per terms of notification - 0rder is well reasoned - 22(2) CPC .21 ,r$
/1uitable compensation already %ranted by District 'orum to complainant - Compensation cannot be enhanced
without reasons - 21(1) CPC 2(* ,r$
/1urrender of plot by complainant after payment of 6s$ 151!5!* 'orfeiture of 6s$ 25 after allowin% surrender
of plot is le%ally &alid - 21(2) CPC .2) Chd$
/1urrender of plot due to lac4 of amenities - Complainant entitled to refund of deposit with !: interest as it is not a
&olunteer surrender of plot - 22(1) CPC "2) ,r$
/1urrender of plot not made &oluntarily but under compulsion - 6efund with 1: p$a$ interest +ustified - 22(2)
CPC .1. ,r$
/1urrender of plot of shop - ,$-$D$A$ is entitled to forfeit 1: of deposited amount - Allottee cannot e&en claim
cost of construction made in plot of shop - 2((2) CPC (. ,r$
/1urrender of plot of shop - ,$-$D$A$ is entitled to forfeit 1: of deposited amount - Allottee cannot e&en claim
cost of construction made in plot of shop - 23(1) CPC 11( ,r$
)!
/8he builders society entered into a%reement with ,$-$D$A$ sub+ect to appro&al of Director 8own and Country
Plannin% - Appro&al not %i&en - Complainant5 member of society not entitled to allotment - 1!!3(2) CPC "() Chd$
/8he plea that ,$-$D$A$ should be %i&en . years period to de&elop a colony is now outdated - Possession cannot be
delayed for lon% - 1!!!(2) CPC 2* Chd$
/8he process of renderin% of ser&ice commences when applications for allotment are in&ited - 1!!"(2) CPC !1
#$C$
/8here is no rule or practice in ,$-$D$A$ allowin% compound interest on balance of plot price - 0nly simple
interest can be char%ed from allottees - 1!!!(1) CPC ") ,r$
/8otal plot price deposited in 1!3) - Possession deli&ered in 1!!( - ,$-$D$A$ held liable to pay compensation of
6s$ 2*5 with costs of material 6s$ 2 lacs - 1!!!(1) CPC 1* Chd$
--8wo plots under %eneral 2uota and employees 2uota 0ld plot surrendered 0ther cancelled due to technical
ob+ection ,-DA directed to allot plot under employees 2uota 2!(1) CPC ))2 1$C$
/-ndue delay by ,$-$D$A$ in refund of amount - Complainant allowed 13: interest on deposit - 1!!*(2) CPC "22
,r$
/-ndue delay in deli&erin% possession of allotted plot - ,$-$D$A$ directed to pay interest at the rate of 13: per
annum on deposit - 1!!)(2) CPC .") ,r$
---ndue delay in deli&ery of allotted plot - ,$-$D$A$ directed to pay 6s$ 155 as compensation - 1!!!(1) CPC
)1) Chd$
/-ndue delay in deli&ery of possession and area remained unde&eloped - ,$-$D$A$ directed to pay 12: interest on
deposits from 2 years after deposits - 22(2) CPC .21 ,r$
/-ndue delay in deli&ery of possession by ,$-$D$A$ - Allottee not liable to pay interest for delayed payment - Also
entitled to 1*: interest on deposited amount - 2*(1) CPC 2. 1$C$
/-ndue delay in deli&ery of possession by ,$-$D$A$ - Deficiency in ser&ice pro&ed - Possession be deli&ered
within 3 wee4s with 13: interest - 2"(2) CPC .)* #$C$
/-ndue delay in deli&ery of possession by ,$-$D$A$ - Directed to refund the amount with 13: interest - 2*(1)
CPC 22. 1$C$
/-ndue delay in deli&ery of possession despite substantial payment - ,$-$D$A$ directed to pay 1*: interest on
deposited amount without deduction of 8$D$1$ - 2"(2) CPC (2 1$C$
/-ndue delay in deli&ery of possession due to encroachment - ,$-$D$A$ directed to pay 13: interest after 2 years
of deposit - 2.(1) CPC 2 #$C$
/-ndue delay in deli&ery of possession of allotted plot - ,$-$D$A$ directed to deli&er the possession and also to
pay 1*: interest p$a$ on deposits - 1!!)(2) CPC ."* ,r$
/-ndue delay in deli&ery of possession of ,$-$D$A$ plot - ,$-$D$A$ directed to pay 6s$ * as costs of
construction - 22(1) CPC "2) ,r$
---ndue delay in deli&ery of possession of plot - ,$-$D$A$ directed to pay 12: interest on deposits - 2"(2) CPC
..) 1$C$
/-ndue delay in deli&ery of possession of plot - ,$-$D$A$ directed to deli&er possession and pay 6s$ 25)5 with
13: interest per annum - 1!!3(1) CPC 1. ,r$
/-ndue delay in deli&ery of possession of plot - ,$-$D$A$ directed to pay 6s$ *5 as compensation with 13:
interest on deposited amount - 2.(1) CPC 2)! Chd$
/-ndue delay in deli&ery of possession of plot - ,$-$D$A$ directed to refund deposits with 1: interest with
compensation - 21(2) CPC 31 Chd$
/-ndue delay in deli&ery of possession of plot - ,$-$D$A$ directed to refund the deposits within 13: interest -
6state 711i+er, H.U.D.A. &. Gurdeep #in)h, 1!!*(2) CPC ". ,r$
/-ndue delay in deli&ery of possession of plot by ,$-$D$A$ - ,$-$D$A$ made to pay compensation to 6s$ 2)5
with 1*: interest - 2"(2) CPC .3 1$C$
/-ndue delay in deli&ery of possession of plot by ,$-$D$A$ due to unauthorised possession of third person -
,$-$D$A$ ri%htly directed to pay 6s$ **5 as compensation and costs - 22(2) CPC 2!! #$C$
/-ndue delay in deli&ery of possession of plot despite full payment - Complainant entitled to 1*: interest on the
deposited amount - 2((1) CPC )( #$C$
/-ndue delay in deli&ery of possession of plot due to pendency of liti%ation - ,$-$D$A$ directed to allot alternati&e
plot and to pay 1*: interest on deposited amount - 2.(2) CPC 2!) #$C$
/-ndue delay in de&elopin% the colony - #or possession of site deli&ered - ,$-$D$A$ directed to refund deposits
with 13: interest p$a$ - 6state 711i+er, Har$ana Ur"an De&elopment Authorit$ &. #an(a$ Gar)5 1!!3(2) CPC .* Chd$
/-ndue delay in possession - ,ousin% >oard directed to pay 6s$ 11 with 12: interest - 21(2) CPC *"2 Chd$
(
/-ndue delay in possession of ,$-$D$A$ plot - Complainant allowed compensation of 6s$ ( with interest -
'hie1 Administrator, H.U.D.A., Pan+h4ula &. Ghu)h Brothers P&t. Ltd., 22(1) CPC "1! ,r$
/-ndue delay of 11 years in deli&ery of possession of plot - ,$-$D$A$ liable to pay 6s$ 2$* lacs with costs of 6s$
*5 for causin% financial loss to allottee - 22(2) CPC 2". Chd$
/-ndue delay of 11 years in possession despite full payment - ,$-$D$A$ directed to pay 6s$ 2 lacs with 1:
interest and cost of 6s$ * - 22(2) CPC "!! Chd$
/-ndue delay of 37! years in deli&ery of possession of booth - ,$-$D$A$ directed to pay loss due to escalation of
buildin% costs - 2(2) CPC 1"! ,r$
/-ndue delay of ei%ht years in deli&ery of allotted plot by ,$-$D$A$ - Complainant allowed compensation of 6s$ 2
?a4hs alon% with 1: interest on deposited amount for . years - 2)(1) CPC (2 Chd$
/Doluntarily surrender of plot - ,$-$D$A$ is liable to refund deposits after deductin% 1: of cost of plot - 22(2)
CPC .1! ,r$
/Fhen encroachment from ori%inal plot is remo&ed - ,$-$D$A$ should not insist that allottee should 4eep
alternati&e plot - Har$ana Ur"an De&elopment Authorit$ &. #.#. Hans, 1!!((2) CPC !( ,r$
--Fhere ,ousin% authorities allotted an alternati&e plot it would be entitled to char%e price at which earlier plot was
allotted - 2!(2) CPC 1!1 #$C$
H0U0D0A0,s liability - ,ousin% 1ociety surrendered the allotted plot at its own - 6efund of entire amount by
,$-$D$A$ is an e9tra fa&our ,$-$D$A$ not liable to pay interest on the amount - 1!!((1) CPC *2. ,r$
H0U0D0C0)0 - ,-DC0 renderin% free ser&ice in the matter of construction of houses - Cannot be held liable for
deficiency in ser&ice - 1!!*(1) CPC ** #$C$
Harassment - Allotment authority should not create unnecessary technical hurdles in deli&ery of possession to
allottee - Harinder P.#. 'heema &. #tate o1 Pun(a"5 2(2) CPC *!2 Pb$
Heirs - A complaint can be continued by heirs of decreased e&en without a letter of administration - #uman Bala
Gupta &. A4ash Gan)a Builders, 1!!*(2) CPC 23! Delhi
Hig! #ension electric wire - Demand of remo&al of hi%h tension electric wire acceded durin% pendency of
complaint - 'urther relief declined - 1!!3(1) CPC )13 ,r$
/,i%h tension electric wire hamperin% construction of house - Clectricity Department directed to remo&e the line
within one month - 1!!3(2) CPC 22! ,r$
--Construction could not be raised as hi%h tension wire was passin% o&er the allotted house Char%in% of e9tension
fee from allottee is ille%al and un+ustified - 21(.) CPC 1( #$C$
--,i%h tension wire obstructed construction of buildin% ,-DA directed to pay interest on deposit till remo&al of
wire - 21(2) CPC (1 #$C$
/Area of plot should not be reduced on the %round that a ,i%h 8ension wire is passin% o&er some portion of the
plot - 1!!((2) CPC .1. ,r$
/,$-$D$A$ is duty bound to pay 13: interest from e9piry of . years of allotment till encroachment (,i%h tension
wire) is remo&ed - 1!!((2) CPC 1) ,r$
Hig!er price of flat - Allotment authority char%ed hi%her rate of flat than other allottees - Complainant was
not at fault for delay caused liti%ation - Authorities directed to refund e9cess amount with interest and compensation with
cost - 23(2) CPC .2" #$C$
Hire Purc!ase #enancy Agreement - Complainant was himself at fault as he did not e9ecute <,ire
Purchase 8enancy A%reement= as per condition of allotment letter 0P not liable for delay in deli&ery of possession
2!(.) CPC 2( #$C$
Hire purc!ase agreement - 6e2uisite demanded amount deposited on 22$1$1!!! Possession deli&ered on
.1$1$2 Interest claimed from 22$1$1!!! to .1$1$2 1i%nin% of <,ire-purchase= a%reement delayed by
complainant 6elief declined 2!(1) CPC 1)! #$C$
Hire Purc!ase &c!eme 8hree instalments paid5 rest to be paid after allotment - Possession not deli&ered - In
the absence of any pro&ision 2: deduction is &iolation of 6ules and 6e%ulations of 1cheme - Deducted amount i$e$ 6s$
))5 with 1*: interest be paid to the petitioner - 21(.) CPC *(! #$C$
Hiring of service - Complaint a%ainst 0$ P$ for not pro&idin% basic amenities for house purchased in open
auction - Complainant is not a consumer - Complaint dismissed - :a$anand &. U.P. A&ash, 2"(1) CPC .! -ttranchal
Holiday /esort Apartment - 0$P$ Company failed to allot ,oliday 6esort Apartment despite payment of
6s$ 15153(* Directed to refund the amount with 13: interest and cost 6s$ 15 - 22(2) CPC ).. ,$P$
(1
House - Possession of house delayed despite payment - 0$P$ directed to %i&e possession with compensation and
ma4e house habitable - 2"(1) CPC 32 #$C$
House allotment Allotment Authority char%ed price of flat with interest - 6estoration of flat denied -
Directed to refund price with 13: interest - 2*(1) CPC 12 #$C$
/Allotment authority failed to deli&er possession of allotted plot despite recei&in% full payment - Directed to allot
alternati&e plot of same siJe on same price with compensation of 6s$ 153*5 - 22(2) CPC ))1 #$C$
--Alle%ation of pits in land allotted le&eled after 3 months of ta4in% possession by the complainantBs society 0P not
liable for any deficiency in ser&ice 6eco&ery could be made from the contractor for earth-fillin% wor4 - 21(.) CPC
*2. #$C$
--An amount of 6s$ 2*57- paid for boo4in% of house Dispute arose about rate of price of house #o sale
a%reement produced 6efund of boo4in% amount ordered by 'ora below 0rder upheld 211(1) CPC 1! #$C$
-->uilders failed to complete construction of house as per terms of a%reement Directed to complete construction
before demandin% balance installments 211(1) CPC 2.2 #$C$
--Allottee defaulted in payment of balance amount thou%h possession of house was deli&ered ,ousin% >oard
directed to reco&er recalculated amount and then e9ecute the sale deed - 21(.) CPC "". #$C$
/Allotment of plot delayed for three years - Complainant entitled to relief - 1!!. CPC )** -$P$
/Appellant failed to comply with the order of 1tate Commission for obtainin% the possession of house - #ot
entitled to further relief - 1!!"(1) CPC )3* #$C$
/Area of plot found less than area mentioned in allotment letter - 6efund of price with interest due to reduction of
area ordered - 22(1) CPC )13 #$C$
/>uilder failed to deli&er possession of house within stipulated time after recei&in% payment due to non-sanction of
layout plan - 0P directed to refund deposited amount with 12: interest and cost 6s$ 155 - 2((2) CPC 2"2 #$C$
/>uilder %uilty of %ross ne%li%ence5 causin% mental harassment - Compensation enhanced from 6s$ 15 to
*5 - 1!!"(2) CPC "2( #$C$
/>uilders chan%in% location of allotted house without consent of allottee - ,eld liable to pay 12: interest on
deposits without claimin% forfeiture of 1: of deposits - 2(2) CPC "" Chd$
/>uilders failed to complete construction of house within stipulated period - Directed to complete construction and
pay 6s$ one lac - 2(2) CPC **3 Eoa
/Claim about allotment co&ered under the 1ociety Act - Consumer 'orum not competent to decide the matter -
1!!. CPC .* #$C$
--Complainant deposited price but flat was allotted to third party - 0$P$ held liable for deficiency in ser&ice - 2"(2)
CPC 1) 6a+$
/Complainant failed to deposit 2*: price of house within time - ,eld entitled to refund of earnest money with 13:
interest only - Authorities not liable for deficiency in ser&ice - 1!!((1) CPC .3" Chd$
/Complainant held to spend hea&y amount for li&in% in Eo&t$ accommodation due to non allotment of house by
petitioner >oard - >oard directed to pay total amount spent by complainant on Eo&t$ accommodation - 2((1) CPC "3(
#$C$
/Complainant ma4in% default in payment of instalments not entitled to compensation for delay in possession of flat
- 1!!((1) CPC ) 1$C$
/Complainant not deli&ered possession of allotted house - Cntitled to recei&e interest of 12: on deposit till
deli&ery of possession by ,ousin% >oard - 1!!1 CPC 2( #$C$
/Complainant not payin% instalments in time - ,ouse Promotor Company not liable to compensate the complainant
- 1!!. CPC .11 ,r$
/Complainant spent hu%e amount to complete the construction - Cntitled to recei&e amount with interest from
>uilders - 1!!*(2) CPC "3 Har$
/Complainant was allotted 1!( 12$ ft$ instead of 3(* 12$ ft$ as applied - Complainant not bound to pay for
additional area - 6efund of amount with 1*: interest ordered - 2(2) CPC "(1 Delhi
/ComplainantBs name included in %eneral cate%ory instead of reser&ed retirement 2uota - ,ousin% >oard directed
to refund earnest money with *: interest and compensation of 6s$ * - 2(1) CPC 2" >ihar
/ComplainantBs name not included in reser&ed cate%ory due to mista4e - >oard liable for deficiency in ser&ice -
'hie1 Re&enue 711i+er &. Ar&ind Patha4, 1!!"(2) CPC 112 ,r$
/ComplainantBs name wron%fully omitted from list of allotment - ,eld entitled to allotment of house - 1!!"(2)
CPC )") Delhi
/Consumer 'ora cannot ad+udicate upon the price of a house under C$P$ Act - 2(2) CPC "*1 -$P$
(2
/Deficiency - Delay in house allotment5 due to chan%e of mind of complainant from time to time - ,ousin% >oard
not liable to pay interest on deposit - 1!!1 CPC 21 #$C$
--Deficiency pointed out after two years of ta4in% possession - Installments due - Compensation denied - 2"(2)
CPC )*3 #$C$
/Delay of 12 years by ,$-$D$A$ in deli&ery of possession despite payment - ,$-$D$A$ was ri%htly directed to pay
1: interest on deposit and also escalation cost - 0rder upheld - 23(2) CPC "*! #$C$
/Delay of 12 years in deli&ery of possession of house - ,ousin% >oard held liable for deficiency in ser&ice -
2(2) CPC .3 -$P$
--Delay of 1! years in allotment of house due to non-inclusion of complainantBs name in draw of lots - 0P directed
to award ade2uate compensation - 2((1) CPC "1 #$C$
/Delay of si9 years in deli&ery of possession of ?IE house without reasons - Authorities directed to refund the
amount with 13: interest - 2(2) CPC 2"! -$P$
/Delay of two years in deli&ery of allotted ,ouse - Complainant entitled to 13: interest on the deposit - 1!!*(1)
CPC *3 -$P$
/Deli&ery of possession delayed by . years despite payment - 6efund of deposit with 12: interest +ustified -
2)(1) CPC *) #$C$
/Deli&ery of possession of house not made within a stipulated period - 6efund of amount with interest with 6s$
2*5 ordered - 2(2) CPC 221 Eoa
/Deli&ery of possession of incomplete constructed house after delay of ten years - 0P ob&iously %uilty of
deficiency in ser&ice - 23(1) CPC )( #$C$
--Deposited amount for allotment of house remained with 0P for 3 years when possession was deli&ered
Complainant entitled to payment of interest on deposited amount 2!(.) CPC 33 #$C$
/De&elopment Authority failed to allot a suitable plot or refund the principal amount without solid reason -
Directed to refund principal amount of 6s$ "5* with 12: interest - 22(1) CPC )(3 0rissa
/De&elopment Authority5 ha&in% recei&ed re2uisite amount5 allotted complainantBs house to third party - ,eld
liable to refund deposit with interest and compensation - 1!!*(1) CPC 131 #$C$
/C2uality with allottees under different type of schemes cannot be claimed by complainant - Different prices of
same cate%ory of flat can be char%ed under different schemes - 2*(2) CPC ..* #$C$
/Cscalation in price of house due to delay on part of ,ousin% >oard - ,ousin% >oard directed to refund escalated
price with 13: interest with cost - 22(1) CPC )"1 #$C$
/'ull payment of ,IE house made in 1!!2 but possession was %i&en in 1!!) - Complainant held entitled to 13:
p$a$ interest on deposits - 2.(1) CPC 11! #$C$
/,ouse not constructed and scheme was abandoned - 0$ P$ directed to refund deposits with 1*: interest - 2"(2)
CPC 2.3 -ttaranchal
--,ousin% >oard deductin% 2: amount as petitioner had surrendered the allotted house and refunded the remainin%
amount - >oard not liable for deficiency in ser&ice - 23(1) CPC )" #$C$
/,ousin% >oard delayed construction of house by . years - Allottee entitled to refund with 12: interest without
deduction of 1: of deposits - 2*(2) CPC !! @$P$
/,ousin% >oard delayed possession for . years despite full payment - 6efund of amount without deduction of 1:
allowed with compensation and interest - 2)(1) CPC **! #$C$
/,ousin% >oard did not e9ecute sale deed despite payment of full amount - >oard directed to e9ecute a deed with
payment of interest and cost on deposit - 22(2) CPC 1. #$C$
/,ousin% >oard failed to de&elop the areas as allotment was made on <as is where is= basis - >oard is liable to
refund total deposit with compensation and cost - 2)(1) CPC 22* #$C$
/,ousin% >oard ha&in% recei&ed amount for allotment of house delayed deli&ery of possession for ! years -
Directed to refund entire amount with interest compensation and cost - 2(2) CPC .(3 -$P$
/,ousin% >oard not allottin% house within stipulated time - ,eld liable for deficient ser&ice - 1!!)(2) CPC 213
#$C$
/,ousin% >oard reco&ered enhanced price falsely statin% that compensation of ac2uired land was enhanced - >oard
directed to refund e9cess price with interest - 2)(1) CPC "33 ,r$
/,ousin% >oard5 after recei&in% total price delayed possession of house for ei%ht years without +ustification - 0P
directed to pay 12: p$a$ for ei%ht years period and deli&er possession of house - 23(2) CPC 1(( @$P$
/,ousin% Company delayed deli&ery of house for more than 2 years - Directed to refund price of house with 6s$
**5 - 1!!((1) CPC 2) ,r$
(.
/@erely that allottees of one sectors were %i&en the option for the re&ised desi%n of flats in another sector does not
pro&e that they had hired the ser&ices of the >oard - 1!!"(1) CPC . #$C$
/@unicipal Corporation wron%ly burdened with interest from a date not stipulated for %i&in% possession -
Impu%ned order modified - 21(1) CPC ..3 #$C$
/#on deli&ery of possession e&en after receipt of total amount of house by allotment authority - Directed to refund
total amount with 1*: p$a$ interest - 2(1) CPC ".. -$P$
/0$P$ failed to deli&er possession of allotted house e&en after recei&in% full payment - Directed to deli&er
possession with compensation and cost - 2"(2) CPC )! 6a+$
/0$P$ failed to ma4e allotment of flat 4eepin% its price amount unauthoriJedly - Directed to refund the amount with
13: interest - 2*(1) CPC 11 #$C$
/0$P$ not ma4in% allotment of promised land - Directed to refund deposit with interest and cost - 2"(1) CPC 21"
Delhi
/0P directed to refund deposited amount with interest and compensation as no plot was allotted to complainant -
0rder upheld - 2((1) CPC 2!! #$C$
--0P neither allotted site nor e9ecuted the sale deed despite payment of consideration 0P directed to refund the
consideration with interest and cost - 2!(2) CPC 2)" #$C$
/Payment of installment made within time as per terms of allotment letter - Claim of interest by P-DA un+ustified
- 2((1) CPC "* #$C$
--Possession delayed by two years - #o de&elopment carried in locality - Allotment authority liable for deficiency in
ser&ice - 2"(2) CPC .1 6a+$
/Possession of house delayed and house not offered in completed form - 0P liable to pay compensation G cost and
to deli&er the possession of house - 23(.) CPC .3 #$C$
/Possession of house delayed despite payment of full price - De&elopment authority directed to deli&ery the
possession and pay 12: interest on deposited amount - 2.(1) CPC 1. #$C$
--Possession of the allotted house not deli&ered within a%reed time - Deficiency in ser&ice pro&ed - 1!!. CPC 21)
,$P$
/Price of the allotted house was enhanced but the area was also increased - Case of deficient ser&ice not pro&ed -
Ga!ia"ad De&elopment Authorit$ &. #mt. :isan ,atima5 1!!"(2) CPC 2. -$P$
/P-DA issued ad&ertisement only for demand sur&ey - #o ri%ht of allotment is created in fa&our of complainant by
mere depositin% of re%istration fee - 23(2) CPC 2(" #$C$
/6espondent %uilty of wron% allotment - Complainant held entitled to compensation - 1!!"(2) CPC ""2 #$C$
/1tate Commission directed possession of house on payment of 6s$ .5)35!." - Allottee directed to pay 12: interest
also from the date of allotment on petition of ,ousin% >oard - 2)(2) CPC 2.( #$C$
--1ub-standard material used by 0P in construction of house Deficiency in ser&ice on part of ,ousin% >oard is
writ lar%e Petitioner entitled to compensation of 6s$ 2525 with !: interest and cost of 6s$ *5 2!(1) CPC "23
#$C$
/8he house allotted to complainant was not complete at the time of deli&ery of possession - Allottee has a ri%ht to
withhold the balance amount till remo&al of defects in house - 2(2) CPC ")* -$P$
/8he house for which money was deposited not constructed as stipulated - Compensation with 13: interest was
ordered - 1!!)(2) CPC 2(! #$C$
/8he 2uestion pertainin% to chan%e of cate%ories of house7flat i$e$ @$I$E$ to ,$I$E$5 does not come under the
pur&iew of Consumer Protection Act - 1!!3(2) CPC "(" #$C$
--8here is no force in ob+ection that house allotment cases are not co&ered by the Consumer Protection Act - 1!!2
CPC 1*3 #$C$
/8otal price 6s$ 13))* deposited in 1!3( - Possession of house not %i&en - P-DA directed to %i&e possession with
13: interest on deposited price - 2.(1) CPC 1)! Pb$
/-ndue delay in deli&ery of possession by authorities - Complainant held entitled to 1: interest on deposited
amount with cost - 2)(2) CPC 22! #$C$
/-ndue delay in deli&ery of possession by E$D$A$ - Complainant entitled to possession of de&eloped plot with 13:
interest - 2"(1) CPC "(! #$C$
/-ndue delay in deli&ery of possession despite payment of price of house - 0$P$ directed to refund entire price with
*: interest and cost - 2*(2) CPC .." #$C$
/-ndue delay in deli&ery of possession of constructed house - >uilder directed to pay 1: interest on deposited
amount - 22(1) CPC )*) @$P$
("
/-ndue delay in possession of allotted house - Allotment Authority directed to pay compensation with !: interest
- 2*(1) CPC )11 -$P$
House -uilding &ociety - 8otal amount of compensation claimed by all members of the society e9ceedin%
6s$ 2 lacs - 1tate Commission has no pecuniary +urisdiction to decide the matter - 21(2) CPC ""! Chd$
House Construction - Alle%ation and counter alle%ation in complaint relatin% to construction of house -
District 'orum ri%htly rele%ated to parties to Ci&il Court for relief - 2"(1) CPC )3) Pb$
/>uilder could not complete construction as complainant refused to pay balance amount - Construction was not
also le%ally permissible - 0$P$ not liable for dama%es - 22(2) CPC *. Chd$
--,ouse constructed by 0P started tiltin% to one side 0P directed to re-construct or pay 6s$ 25"5 as per report
of Ci&il Cn%ineer - 21(.) CPC *.! @$P$
/>uilders can be held liable for defect in construction of houses %i&en to the allottees - 1!!)(1) CPC 1* A$P$
/Delay in construction of house by De&elopment Authority within time due to factors beyond its control -
Deficiency in ser&ice not pro&ed - 1!!"(2) CPC "1" #$C$
/Delay of se&en years in deli&ery of possession of allotted house - Complainant held entitled to compensation -
1!!"(1) CPC .3" #$C$
--As per report of ?ocal Commissioner se&eral defects in construction were detected Compensation of 6s$
25)25*7- based on the report of Commissioner upheld 211(1) CPC ""* #$C$
--Allotment authorities are e9pected not to betray allottees by usin% substandard material in construction of house
allotted to %eneral public - 21(2) CPC ))2 ,$P$
/@atter relatin% to house construction under a contract comes within the pre&iew of C$P$ Act after Amendment
Act5 1!!. - 2.(2) CPC 1*3 @aha$
--@ista4e in calculation of total balance of e9tra payment by the complainant to 0P 6efund of amount after proper
calculation directed to be made with interest 2!(1) CPC "2. #$C$
/0pposite Party failed to issue occupancy certificates and delayed construction of houses - 0pposite Party liable to
compensate complainant and to pay interest at the rate of 12: per annum - 2"(1) CPC ( #$C$
/0pposite party ha&in% a%reed to construct the allotted flat offered to allot flat under another pro+ect - Directed to
refund deposits with 13: interest - ..'. Ganesh &. %ndian Housin) ,inan+e & De&elopment Ltd, 1!!3(2) CPC 1.) 8#
/0pposite Party usin% sub-standard material in construction of house - Directed to pay compensation of 6s$ 32$*
to complainant - Dr. #. L. *ahes2ari &. 3. A. *ohanram5 2"(1) CPC *(( 8$#$
--6oof de&eloped crac4s after house was constructed by 0P - Complainant held entitled to compensation of 6s$
15"(5(* from 0$P$ - 23(1) CPC ). #$C$
/1er&ice re%ardin% construction of a house or a flat is a ser&ice co&ered under the Consumer Protection Act -
1!!"(1) CPC 1 1$C$
/1tructural defect with crac4s in walls and ceilin% were found in the constructed house - 0P directed to pay
compensation of 6s$1*5 - 2((1) CPC "!1 #$C$
/1ub-standard material used in construction of house with se&eral other irre%ularies - 0$P$ directed to pay
compensation of 6s$ **5 to complainant - 2)(1) CPC ."1 Chhattis%arh
/1ufficient e&idence could not be produced at trial sta%e but was produced as additional e&idence in appeal -
6emand of the case +ustified - 2((1) CPC .1( 6a+$
---ndue delay in construction of house by 0P 'orum directed 0P to pay compensation and cost of 6s$ (*5 for
deficiency in ser&ice 0rder upheld 2!(1) CPC "3) #$C$
House defect - 6espondent failed to remo&e seepa%e of o&er head tan4 as per terms of a%reement - Directed to
refund the fee amount with compensation and cost of 6s$ 1(5* - 22(1) CPC (! #$C$
House Plan - Complainant a&ailin% ser&ice of @$ C$ for house plan and pays necessary fee therefor is a
consumer under the C$P$ Act - 1!!*(1) CPC 11! 8$#$
--Application for sanctionin% house plan filed on 2"$12$1!!( 1tay %ranted by the Ape9 Court #ew policy came
into force w$e$f$ 1$1$1!!3 ,-DA directed not to char%e e9tension fee from December5 1!!( till 1$1$1!!3 - 21(.) CPC
*3 #$C$
/District 'orum directed 0P Architect to pay 6s$ 115 as compensation for not si%nin% house plan - #o written
contract between parties - Impu%ned order set aside - 2.(2) CPC )() Chd$
/,ouse Plan not sanctioned by ,$-$D$A$ - #o reason %i&en - Directed to sanction plan without any e9tension fee -
1!!!(1) CPC 2). ,r$
House plaster - Plaster of house of complainant spoiled due to inferior 2uality of waterproof compound
purchased from dealer - Dealer liable to compensate the complainant - 1!!3(2) CPC 213 ,r$
(*
House Pricing - ,ouse allotted wron%ly mentioned as @$I$E$ in stead of ,IE - Allottee not liable to pay
enhanced price - 1!!3(1) CPC ")( Chd$
--Pricin% of houses is not a sub+ect to be tried by Consumer 'orum - 1!!)(1) CPC 2!3 6a+$
/Kuestion of pricin% of plot or flat is not a consumer dispute - 1!!*(2) CPC *. #$C$
/8hou%h Consumer 'orum should not %o into the 2uestion of house pricin% - >ut an arbitrariness in the matter
cannot be o&erloo4ed - 1!!)(1) CPC .* 6a+$
House rent - District 'orum calculated house rent without %oin% into terms of a%reement for hire purchase -
0rder 2uashed - Allottee liable to pay rent for occupied period - 1!!3(1) CPC "(* Chd$
House repair - Allottee spent hu%e amount to ma4e the allotted house worth li&in% - Allotment Authority held
liable to reimburse the complainant - 1!!((2) CPC )() -$P$
/8enant see4in% repair of house from landlord - 8enant not a consumer - 6elief declined - 1!!. CPC "12 Har$
House #a Assessment - @unicipality failed to communicate assessment order despite payment - Directed to
pay compensation of 6s$ 15 for not dischar%in% statuary duties - 2)(2) CPC (1( #$C$
/Assessment challen%ed under C$P$ Act - Complaint held not maintainable - 1!!)(2) CPC 1!* #$C$
/@atter of house ta9 assessment does not come under the Consumer +urisdiction but it comes under the Ci&il
+urisdiction - Roshan Lal Ahu(a &. *uni+ipal 'orporation o1 ,arida"ad5 1!!)(1) CPC )1 ,r$
Housing - Allotment Authority failed to deli&er possession of constructed house within stipulated period -
Directed to pay 13: interest on deposit - Ramesh2ar #harma &. H.P. /a)ar 3i4as Pradhi4aran, 1!!((2) CPC 1!2 ,$P$
/Allotment denied by ,ousin% >oard - 0rder of Eo&t$ for allotment of house not complied with - Complainant not
a consumer to file a complaint - 1!!!(2) CPC ." 8$#$
/Allottee made payment accordin% to modified allotment letter - #o e9tra amount is payable by him - 1!!)(1) CPC
".) 6a+$
/Allottee ma4in% repeated defaults in payment of instalments - ,eld not entitled to compensation from ,ousin%
>oard - 1!!!(2) CPC **. Chd$
--Defects Compensation held to be on hi%her side without any basis >uilders had sent an emissary offerin% a sum
towards the full and final settlement shows that the 0Ps had committed deficiencies in ser&ice 0rder of District 'orum
restored - 21(.) CPC .1 #$C$
/Allottee not bound to pay enhanced price resultin% from mista4e in cate%ory of house made by ,ousin% >oard -
1!!3(1) CPC ")( Chd$
/>DA delayed possession of house 3 to 13 months after full payment - Directed to pay 1(: interest on full price
from date of last instalment - 1!!3(1) CPC 2* @$P$
/>uilder delayin% construction without reasons - ,eld liable to refund deposit with 13: interest P$A$ and pay 6s$
2*5 - 1!!)(2) CPC 31 #$C$
-->uilder failed to pro&ide necessary amenities in the house - Complainant held entitled to additional compensation
of 6s$ one la4h with 13: interest and cost - 2(1) CPC )") Eoa
/>uilderBs refusal to %i&e documents to buyer re2uired for loan purpose - >uilder is liable for deficiency in ser&ice
- 1!!*(2) CPC 2*( #$C$
/>uilders constructed houses as per sanctioned plan and a%reement - @inor short fall in saleable area does not
amount to deficiency in ser&ice - 1!!!(2) CPC *!3 1$C$
/>uilders delayed construction of house in &iolation of a%reement - ,eld liable to compensate the complainant -
1!!((1) CPC "22 #$C$
/>uilders failed to deli&er possession of flat within stipulated period - Directed to %i&e possession of flat within one
month after recei&in% the balance - 1!!)(2) CPC .22 #$C$
/>uilders not constructin% the flat within time - ,eld liable to refund deposit with interest - 1!!*(1) CPC .! Delhi
/Complainant an accredited +ournalist - ,eld entitled to allotment from Nournalist 2uota of houses - 1!!*(2) CPC
"( 6a+$
/Complainant could not be deli&ered possession of completed house in time - >uilder had to incur 6s$ .!52 due
to cost of construction - #o further relief to be %ranted to allottee - 1!!)(2) CPC )"( #$C$
/Complainant failed to ma4e payment of ,$I$E$ house allotted under ,ire Purchase system - P$-$D$A$ not liable
for deficiency in ser&ice - 2.(2) CPC *.3 #$C$
/Complainant failed to pro&e that he hired ser&ices of 0P for consideration about construction of flat -
Complainant not a consumer - 6elief declined - 23(1) CPC ")3 #$C$
/Complainant himself at fault for not payin% instalments in time - 0pposite Party not liable for delayin% the
possession - 1!!)(2) CPC *3. #$C$
()
/Complainant not furnishin% affida&it about ownin% a house in the area under rules - Cancellation of flat +ustified -
#.P. *ehndiratta &. #tate Go&ernment throu)h #e+retar$, Housin), 1!!((2) CPC .* ,$P$
/Contract between the parties frustrated in &iew of Eo&ernment notification - Direction of 1C to e9ecute sale deed
in fa&our of complainant became non e9ecutable - 6efund of deposit amount with 13: interest - 2)(1) CPC (". #$C$
--Defecti&e construction - Complainants were allotted houses5 which were found to be defecti&e - 0pposite Party
directed to pay 6s$ 1.5)152* as compensation - 1!!)(1) CPC 21 @aha$
/Delay in deli&ery of possession due to non-supply of water and electricity by Departments - >uilders cannot be
held liable for deficient ser&ice - 1!!)(1) CPC 2(( Har$
--Delay in possession Complainant is a P&t$ ?td$ company purchase of space for commercial purpose not a
consumer Complaint dismissed 211(1) CPC 22. #$C$
/Delay of *7) years in deli&ery of allotted house - Allottee held entitled to 13: interest on deposit - 2(2) CPC
(12 -$P$
/Delay of 3 years in deli&ery of allotted house Authorities held liable to pay 1*: interest alon% with compensation
- 1!!)(2) CPC *!( #$C$
/Delay of 3 years in deli&ery of possession of flat - 6efund of deposits with 13: interest per annum +ustified -
1!!)(1) CPC )*( #$C$
/Delay of deli&ery of possession of allotted house beyond stipulated period - Authority directed to pay
compensation with 1": interest - 2(2) CPC ""2 -$P$
/Demand of entire premium for further construction in &iolation of term of contract - Char%e of additional
premium declined - 2.(2) CPC *3 #$C$
/De&elopment Authority failed to deli&er possession of house e&en after payment of full price - Directed to
compensate complainant for deficiency in ser&ice - 1!!!(2) CPC *) -$P$
/Dispute re%ardin% unauthorised construction in unauthorised colony - @atter does not come under the ambit of
C$P$ Act - 21(2) CPC ))) #$C$
/,ousin% acti&ities are co&ered by <ser&ice= %i&en in the Consumer Protection Act - 1!!*(1) CPC *23 -$P$
/,ousin% >oard failed to construct houses within stipulated period - Directed to pay 1*: P$A$ interest on
deposited amount - 1!!!(2) CPC *11 #$C$
/,ousin% >oard is not obli%ed to char%e tentati&e price from the allottees - Price can be re&ised if facts of the case
so re2uire pricin% - 1!!*(2) CPC *!3 #$C$
--,ousin% >oard offered to refund whole price of allotted house without interest after two years - Directed to refund
price with 13: interest with 6s$ 2*5 as compensation - 1!!*(2) CPC ))! #$C$
/,ousin% ser&ice comes under the definition of ser&ice under Consumer Protection Act - 1!!)(1) CPC 2* #$C$
--,ousin% ser&ice rendered by pri&ate person or Eo&ernment bodies fall under term <ser&ice= under the C$P$ Act -
1!!*(2) CPC *. #$C$
/,ousin% 1ociety char%in% arbitrarily5 increased price of plots from its members - Case of deficiency in ser&ice
established - 1!!((2) CPC 223 #$C$
/Increase in price of house construction due to Eulf Far and Ayodhya Diolence - Construction Company +ustified
in demandin% enhanced price - 1!!*(2) CPC 11 #$C$
/Interest - Allotment in open auction - ": of total &alue deposited - Interest demanded - Interest could be
demanded from date of auction5 not from date of possession - 23(.) CPC 11 #$C$
/#ecessary facilities not pro&ided to allottees - Authorities held liable for deficiency in ser&ice - 1!!*(2) CPC ""1
#$C$
--#on deli&ery of possession of plot after receipt of price 0P to refund entire amount with 13: interest 21(1)
CPC 2!1 #$C$
/#on issuance of completion certificate by DDA without reasons amounts to deficiency in ser&ice - 1!!3(1) CPC
( Delhi
/#on-deli&ery of possession - >oo4ed flat not made a&ailable for 11 years - Complainants not concerned with
pendin% liti%ation - Due to steep rise in cost of properties5 compensation of 6s$ 2535 2uite reasonable - 23(.) CPC
232 #$C$
/0pposite Party failed to pro&e that balance amount paid by complainant was not recei&ed by it - Complainant
entitled to refund of amount with 13: interest - 1!!((2) CPC 1)( #$C$
/0rder of 1tate Commission orderin% refund of earnest money to builders based upon co%ent reasons - #o
interference warranted in appeal - 1!!((2) CPC .*) #$C$
/0ri%inal owner of flat purchased not impleaded - Complaint is not le%ally maintainable - 1!!((2) CPC 1) Chd$
((
--Petitioner is liable to pay actual period interest demanded for allotment in new scheme floated by DDA much
before petitioner application Complainant liable to pay API (Actual period interest) - 2!(2) CPC "2 #$C$
/Possession not deli&ered despite entire payment - 0pposite Party directed to %i&e possession5 complete amenities
and e9ecute re%istration at his cost with compensation of 6s$ (*5 - 2"(1) CPC "*3 -$P$
--Possession of house not deli&ered despite deposit of amount 0P directed to deli&er possession and to e9ecute sale
deed 21(1) CPC 12" #$C$
/Kuestion of pricin% and interest on enhanced price of plot cannot be decided by consumer 'orum under C$P$ Act -
1!!3(1) CPC 2(! 8$#$
/Kuestion relatin% to allotment of house7flats comes under the pur&iew of consumer +urisdiction - Har$ana Ur"an
De&elopment Authorit$ &. #mt. Ra( Dulhari and 7thers, 1!!3(2) CPC 1 Pb$ G ,r$ ,i%h Court
--6e2uisite demanded amount deposited on 22$1$1!!! Possession deli&ered on .1$1$2 Interest claimed from
22$1$1!!! to .1$1$2 1i%nin% of <,ire-purchase= a%reement delayed by complainant 6elief declined 2!(1)
CPC 1)! #$C$
/-ndue delay in deli&erin% of house thou%h prices were re&ised - Complainant who had paid the instalments was
held entitled to refund the amount with 13: interest - 1!!*(1) CPC 2*1 6a+$
---ndue delay in deli&ery of allotted house by ,ousin% >oard - Complainant held entitled to compensate of 6s$ (
lacs with interest and refund of deposit - 1!!)(1) CPC )"( #$C$
/-ndue delay in deli&ery of possession by EDA - Allottee entitled to 13: interest on deposited amount from two
years after date of deposit - 22(1) CPC ** #$C$
/-ndue delay in deli&ery of possession of allotted house - Allottee allowed 13: interest per annum on deposit -
1!!3(1) CPC 1!* ,$P$
/-ndue delay in deli&ery of possession of allotted house - Authority directed to pay 13: interest on deposited
amount - 22(2) CPC ")* #$C$
--Fhere allottee had to wait for 3 years for possession of allotted house despite entire price paid5 it constituted
deficient ser&ice on part of housin% authorities 2!(1) CPC *)" #$C$
/Fhere ser&ice has been hired for consideration in allotment of site5 the plea that site is for commercial use cannot
pre&ail - Hans Ra( #2an &. .he *uni+ipal 'orporation, 'handi)arh, 1!!!(1) CPC .)1 Chd$
/Fooden shutters supplied by respondent found to be of inferior 2uality - Compensation %ranted with 13: interest
to complainant - :. 0. 9ood 9or4s (*-s.) &. R. #. 'hhi4ara, 1!!3(2) CPC *1 ,r$
Housing activity - It is now settled that housin% acti&ities come under the ambit of Consumer Protection Act -
:. 0. 9ood 9or4s (*-s.) &. R. #. 'hhi4ara5 1!!3(2) CPC *1 ,r$
Housing allotment Allotment under ,ire Purchase A%reement ,ousin% >oard demandin% enhanced price
ille%ally Complainant not liable to pay enhanced price Deficiency in ser&ice pro&ed 2!(.) CPC )3) ,r$
Housing -oard - Allotment by ,ousin% >oard was cancelled by the order of 1tate Eo&ernment which was
2uashed by the ,i%h Court - Compensation for delayed possession not allowed - 1!!"(1) CPC .!! #$C$
/Allottee complainant is entitled to %et necessary amenities to his house such as supply of water etc$ in the colony -
Ran(it 0umar A+har$a &. 'hairman, 7rissa #tate Housin) Board, 1!!*(1) CPC )3 0rissa
/Allottee transferrin% plot to another person a%ainst terms of allotment - #ot entitled to relief for delay in deli&ery
of possession by ,ousin% >oard - 2(1) CPC 112 Chd$
--Complainant was himself at fault for not raisin% issue of defecti&e construction of house before ,ousin% >oard
>oth the 'ora below dismissed the complaint 0rder upheld - 21(.) CPC 23" #$C$
--,ousin% >oard refused to refund 1: paid on balance amount by allottees and also forfeited 1: of earnest money
>oard failed to ta4e effecti&e steps in allotment of flat >oard directed to refund amount with 3: interest - 21(.)
CPC 21 1$C$
/Allottees are bound to pay enhanced price of houses to ,ousin% >oard when increase in price is due to ac2uisition
of land - 'hie1 Administrator, Housin) Board, Har$ana &. Ra)hu"ir #in)h, 1!!3(2) CPC 1!* ,r$
/Allottees not entitled to raise the 2uestion of pricin% of flats or plot under the Consumer Protection Act - 1!!*(1)
CPC .1 #$C$
/Application for allotment of house in &iolation of 6ules - Cancellation of allotment by ,ousin% >oard +ustified -
Preeti Ahlu2alia &. 'handi)arh Housin) Board, 1!!!(1) CPC )3 Chd$
/Authority of ,ousin% >oard in fi9ation of price of plot7flat is not open to challen%e under Consumer Protection
Act - 1!!((2) CPC )! #$C$
-->oard not bound to pay repair e9penses unless pro&ed by co%ent e&idence by allottee complainant - 1!!)(2) CPC
..( #$C$
(3
/Cancellation of allotment of house due to &iolation of 6e%ulation - >oard is liable to refund after deductin% 1:
of deposited amount - 2"(1) CPC "1. #$C$
/Complainant deposited earnest money for house in 1!() but no allotment was made - ,ousin% >oard directed to
allot a ?$I$E$ house - 'hie1 Administrator, Har$ana Housin) Board &. #hri R.'. *athur, 1!!3(1) CPC )( ,r$
/Complainant had wait for #ine years for allotment - ,eld entitled to interest of 12: on the deposits - 1!!1 CPC
3* Har$
/Complainant ta4in% possession of house without any protest - Claim for amount alle%edly spent on house5 cannot
be accepted - 1!!)(2) CPC .* Chd$
/Complainant who had deposited 6s$ 1515 for house allotment was not allotted the house for three years -
,ousin% >oard held liable to compensate the complainant - 1!!1 CPC .2( #$C$
/ComplainantBs house was reallotted to another person as he had failed to comply with the necessary condition -
,ousin% >oard not liable for deficient ser&ice - 1!!)(2) CPC 2* Chd$
/Complaint a%ainst char%in% of escalated price by ,ousin% >oard - 0rder of 1tate Commission awardin%
escalation cost upto 2: and direction to remo&e the defects upheld - 22(2) CPC 1.1 #$C$
/Complaint re%ardin% allotment of defecti&e house is maintainable under the Consumer Protection Act - 1!!"(2)
CPC ".* #$C$
/Construction not completed within stipulated period by ,ousin% >oard - Allottee held entitled to interest on
deposits - 1!!((1) CPC )3" ,$P$
/Crac4s appeared in the walls of flat allotted to complainant - ,ousin% >oard held liable to pay 6s$ 2*5 to
complainant - 1!!((2) CPC .3" #$C$
/Delay in allotment of house without sound reasons - ,ousin% >oard is %uilty of deficiency in ser&ice - 1!!((1)
CPC "12 #$C$
/Delay in deli&ery of possession of flat due to non- supply of water and electricity - ,ousin% >oard not liable for
delay - 1!!*(2) CPC 22. #$C$
/Delay of ( years in deli&ery of possession of allotted house - ,$-$D$A$ is liable to pay 13: on deposit startin%
from two years after date of deposit - 2.(1) CPC 111 #$C$
--Demand of balance amount from allottee was made in 1!!2 by ,ousin% >oard - Payment was made in 1!!3 -
Allottee directed to pay 12: interest for delayed period - 22(1) CPC 13) #$C$
/Directions can be issued to the ,ousin% >oard for remo&al of defect in the houses - Directions concernin% schools
or roads facilities cannot be issued - 1!!"(1) CPC .() #$C$
/,aryana ,ousin% >oard does not in any way restrict the powers of the 6edressal 'orums - Housin) Board
Har$ana &. Ramesh 'hand, 1!!2 CPC 2)! ,r$
/,aryana ,ousin% >oard is %o&erned by its re%ulations - 6efund by che2ue instead of a ban4 draft is not deficient
ser&ice - #uresh 'hand Gupta &. Har$ana Housin) Board, 'handi)arh, 1!!. CPC " ,r$
/,ousin% >oard cannot be burdened with a disproportionate compensation by consumer 'ora - 1!!((2) CPC ".
1$C$
/,ousin% >oard cannot be e9pected to harass its allottees by demandin% e9cessi&e interest and penal char%es -
Ra(asthan Housin) Board &. 5o)ender #in)h Pundir5 2"(2) CPC .)) 6a+$
/,ousin% >oard cannot refuse to e9ecute con&eyance deed on the %round that enhanced price has not been paid by
allottee - Har$ana Housin) Board &. #mt. Usha Goel, 1!!((2) CPC )(. ,r$
/,ousin% >oard cannot withhold the deposit of an applicant without payment of interest who was unsuccessful in
allotment of house - 1!!"(1) CPC "1 ,r$
/,ousin% >oard char%in% hi%her price than 1: of the indicated price of plot and delayin% the possession -
Allottee entitled to refund of e9cessi&e price with 13: interest - 2.(2) CPC ( #$C$
/,ousin% >oard delayed construction of house by . years - Allottee entitled to refund with 12: interest without
deduction of 1: of deposits - 2*(2) CPC !! @$P$
/,ousin% >oard delayed possession of flat for three years after recei&in% payment - Directed to pay 6s$ 225 as
compensation - 'handi)arh Housin) Board &. Dal(it #in)h, 21(2) CPC 1.. Chd$
/,ousin% >oard failed to allot house within time after payment of . installments - Directed to pay compensation
with interest - 21(1) CPC . -$P$
/,ousin% >oard failed to complete construction of house within stipulated period - ,eld %uilty of deficiency in
ser&ice - 1!!((1) CPC ")* #$C$
-- ,ousin% >oard failed to construct house in a%reed time after payment - Directed to refund entire amount with
interest after deductin% 2: of initial deposits - 2.(2) CPC 2)2 #$C$
(!
/,ousin% >oard failed to construct the houses in time due to paucity of funds - Deficiency in ser&ice not pro&ed -
Prem Lata (*rs.) &. .he Pun(a" Housin) De&elopment Board, 1!!"(1) CPC 2* Pb$
--,ousin% >oard is duty bound to ta4e care of common facilities till ownership ri%hts are transferred to @embers of
>uilders 1ociety - *.P. Housin) Board and Another &. #u"hash+handra A4uli, 1!!3(2) CPC ). @$P$
/,ousin% >oard increased .: price a%ainst increase of 1: as a%reed - >oard directed to refund the e9cess price
- 1!!!(1) CPC 13 @$P$
/,ousin% board is liable to pay 13: interest on deposited amount for delayin% possession of allotted house and to
refund the entire amount - 2(2) CPC *)) -$P$
/,ousin% >oard misleadin% complainant about %rant of loan from his employer cancelled allotment despite
payment of initial price - ,ousin% >oard directed to refund the amount with 13: interest - 2.(2) CPC ** #$C$
/,ousin% >oard thou%h is statutory >ody is not e9empted from the pro&isions of the Consumer Act - Directed to
ma4e its 6ules <fair and +ust= to the public - 1!!1 CPC )1 (1) Chd$
/,ousin% >oard used substandard material in construction of house - Defect in fi9ture and wood - Allottee held
entitled to 6s$ 15 with costs - 1!!!(1) CPC .() @$P$
/,ousin% >oard5 respondent not recei&in% the che2ue thou%h due to mista4e of another statutory body -
6espondent is not at fault - 1!!1 CPC *2. #$C$
/,ousin% >oardBs ser&ices rendered to public are co&ered under the Consumer Protection Act - 1!!. CPC )". ,r$
/@aterial used in construction of house found to be defecti&e and of substandard - >oard directed to refund full
amount with 13: interest and 6s$ )15 costs - 22(2) CPC .2( ,$P$
/@IE flat constructed by the ,ousin% >oard found in dilapidated condition - >oard directed to refund entire price
with 12: p$a$ interest and costs - 22(2) CPC .)2 Chd$
/#o 0b+ection Certificate denied to allottee who failed to raise construction - 0rder of cancellation of plot is
un+ustified - 1!!)(2) CPC ..! #$C$
/#on deli&ery of possession of house despite payment of full amount - ,ousin% >oard directed to pay 6s$ *5
as costs - 21(2) CPC ))" #$C$
/Pricin% policy of ,ousin% >oard cannot be challen%ed under the Consumer Protection Act - 1!!*(1) CPC 1 #$C$
--1ub-standard material used by 0P in construction of house Deficiency in ser&ice on part of ,ousin% >oard is
writ lar%e Petitioner entitled to compensation of 6s$ 2525 with !: interest and cost of 6s$ *5 2!(1) CPC "23
#$C$
--8otal price of flat paid - Delay of ( months in possession - ,ousin% >oard directed to pay 12: interest on
deposited amount - 'handi)arh Housin) Board &. #hri Har(inder #in)h5 22(2) CPC *1) Chd$
/8he @68P Commission based it is findin% on unfair trade practice a%ainst ,ousin% >oard on no e&idence - 0rder
of Commission set aside - 2(2) CPC "!! 1$C$
/-ndue delay in sanction of Jonin% plan resultin% in delayed possession of plot - ,ousin% >oard directed to pay
!: p$a$ interest on deposited amount - 2.(1) CPC .!) Chd$
/Fife allotted a house - ,usband ri%htly declined allotment by Chandi%arh ,ousin% >oard - 1!!!(2) CPC 22!
#$C$
Housing -oard payment - 'orum directed refund of 6s$ )5*)( paid in e9cess for purchase of house with (:
interest and cost on the basis of correct calculation - 0rder upheld - 2*(1) CPC .** Chd$
Housing -uilding - Promoters failed to pro&ide necessary facilities includin% a compound wall around the
comple95 transformers5 necessary wall repairs5 draina%e system and meter boards etc$ - Directed to do the needful within .
months - 1!!*(1) CPC 2( 8$#$
Housing Company - ,ousin% Company delayed deli&ery of house for more than 2 years - Directed to refund
price of house with 6s$ **5 - 1!!((1) CPC 2) ,r$
Housing comple - #o pro&ision for pro&idin% lift in a%reement - Complaint re%ardin% lac4 of facilities of lift
dismissed - 22(2) CPC !" #$C$
Housing loan - Pro&isions of >ihar Coop$ 1ociety Act no bar to complaint a%ainst char%in% of hi%her interest on
housin% loan - 2.(2) CPC *)" #$C$
Housing &c!eme - Complainant deposited 6s$ . in 1!3! as re%istration amount for allotment - 1cheme
abandoned in 1!!) without reason - Complainant entitled to 13: interest on deposits - 22(1) CPC .3! #$C$
/,ouse not allotted e&en after receipt of **: price - Authorities directed to refund deposits with 13: interest -
1!!!(1) CPC 13. #$C$
3
/Participant under housin% scheme unsuccessful in draw of lots - ,eld entitled to refund of deposit with interest -
2"(1) CPC 21 @aha$
/6efund of deposit was offered but declined - Allotment could not be made due to liti%ation - Deficiency in ser&ice
not pro&ed - 2)(1) CPC )1 @$P$
--1crapin% of housin% scheme after recei&in% installment for four years by ,ousin% board5 is ille%al - 1!!)(1) CPC
*1. 6a+$
Housing service - A%reement relatin% to se&en flats but possession of only one flat was deli&ered by 0P
Alle%ed fraud or for%ery pleaded by 0P not pro&ed 6elief %ranted by 1tate Commission upheld - 2!(2) CPC 1( #$C$
--Allotment authority failed to deli&er possession e&en after receipt of payment - Directed to pay 1*: on deposits
and deli&er the possession - 2*(2) CPC *! #$C$
/Appellant %uilty of raisin% defecti&e construction -Directed to remo&e defect at his own cost - *. P. Housin)
Board, Bhopal &. #mt. #unita 3erma, 2"(1) CPC *. @$P$
/>uilder a%reed to %i&e built up area of (1. s2$ ft$ which was found to be )"3 s2$ ft$ after measurement - 0P
builder directed to pay 6s$ ("5)2* as compensation and cost of less area with cost and 12: interest - 2((1) CPC ."
#$C$
/>uilder defaulted in allotment of flat as scheme of allotment did not materialise - 6elief %ranted by 1tate
Commission upheld with modification - 2((1) CPC )22 #$C$
/>uilder entered into a%reement with complainant to construct the house within 13 months - >uilder deli&ered
possession to housin% society i%norin% the complainant - >uilder directed to refund 6s$).5* with 1*: interest and
6s$.5 as cost - 2((1) CPC 2*! #$C$
/>uilder failed to deli&er possession of house despite ha&in% recei&ed total amount - Complainant entitled to
compensation of 6s$ 2 la4h with cost - 2)(1) CPC ).! #$C$
-->uilder raised constructed flat with lesser hei%ht of apartment causin% loss to the complainant 0rder of District
'orum directin% 0P7builder to pay dama%es of 6s$ 15*57- with cost of 6s$ )57- +ustified - 2!(2) CPC .*" #$C$
-->uilder raised construction of flat with sanction of plan which complainant a%reed to purchase for 6s$ 2)5)5 -
1how cause notice to >uilder by @unicipal Corporation to demolish construction 0P directed to refund price with
interest and cost 2!(1) CPC 133 Har$
--Cancellation of allotment due to default committed by the complainant adoptin% dilatory course for recalculation
of monthly installments Cancellation of allotment +ustified5 only refund of deposited amount with interest directed
2!(1) CPC 23) #$C$
--Construction of house with inferior material and with defecti&e sewera%es system 1tate Commission +ustified in
remandin% the matter for fresh ad+udication - 21(2) CPC 1"* #$C$
/Complainant allottee claimin% compensation for Impro&ement 8rust for non de&elopment area and remo&al of
unauthoriJed construction etc$ - 8rust is not liable for any deficiency in ser&ice - 6elief declined - 23(1) CPC *2 #$C$
--Complainant committed fault for not ma4in% full price of the house 1ome payment was made after inter&ention
of the Commission 0P not liable to pay 13: interest for delay in deli&ery of possession 0rder 2uashed - 2!(2) CPC
22) #$C$
/Complainant failed to pro&e that he spent a sum of 6s$ (5 in rectifyin% defect of house - 6elief declined -
2)(2) CPC ".! #$C$
/Complainant not deli&ered possession of house despite hu%e amount of 6s$ )1 lac - 0$P$ directed to pay 6s$ 2 lacs
as compensation - 2*(2) CPC .32 #$C$
--Complainant society was successful to pro&e deficiency in ser&ice on part of 0P to some e9tent A lump-sum
compensation of 6s$ 1 lacs instead of claim of complainant held to be +ustified 2!(1) CPC 11( #$C$
/Complainant was %uilty of contributory ne%li%ence in a contract of purchase of a flat - 0P not liable for delay of
possession due to fault of complainant - 0rder modified - Interest on compensation amount deleted - 23(2) CPC 1.!
#$C$
--Complainant was himself at fault as he did not e9ecute <,ire Purchase 8enancy A%reement= as per condition of
allotment letter 0P not liable for delay in deli&ery of possession 2!(.) CPC 2( #$C$
/Complainant was not deli&ered possession of flat due to delay in payment of balance amount - 6efund of amount
refused - 0P directed to refund deposit with interest after deductin% 1: interest - 23(1) CPC "!( #$C$
/Complaint relatin% to deficiency in ser&ice for allotment of house by society - Compliant not barred by 1ocieties
Act - 2)(2) CPC .! #$C$
/Delay in deli&ery of possession by si9 years - 0pposite parties liable to pay 13: interest on deposited amount -
#.0. :ain &. H.U.D.A$5 2"(1) CPC .. #$C$
31
--Delay of four years in construction of house for which complainant himself was partly at fault 6easonable
compensation awarded by 1tate Commission with 1: interest upheld - 2!(2) CPC 1." #$C$
--District 'orum allowin% complaint directed 0P to pay compensation and cost with 1): interest Interest bein% on
hi%her side reduced from 1): to 12: - 6est of the order left undisturbed 2!(.) CPC )(3 #$C$
--Carnest money deposited for allotment under a scheme5 which was withdrawn 0P held liable to refund the
deposit with 1: interest as per condition of allotment - 2!(2) CPC **" #$C$
/C9tra amount as alle%ed was not char%ed from complainant - 0P not liable for deficiency in ser&ice - 22(1)
CPC 1!1 #$C$
--'ora below allowed refund of disputed amount with 3: interest as per Chandi%arh 1cheme of 1!!1 - 0P not
&ested with power to forfeit interest paid on 1*: of earnest money - 0rder upheld - 2((2) CPC "(2 #$C$
/,ousin% >oard accepted re2uest of allotee to accept the instalment as in case of hire purchase - >oard can not
resile from its underta4in% - Petition dismissed - 2.(1) CPC 11 #$C$
/,ousin% ser&ice comes under the ambit of C$P$ Act - 2.(1) CPC 1! Chd$
/,ousin% society formed for welfare of Army 0fficers - Complainant failed to pro&e defect in construction of
house as per award of Arbitrator - Complainant not entitled to any relief - *a(. Gen. R.#. Pathania &. Arm$ 9el1are
Housin) #o+iet$5 2*(2) CPC 2(( -$P$
/Increase in price of flat three times without any reason - E$D$A$ directed to pay compensation of 6s$ 25 with
12: interest on deposit - #./. 0an+hhal &. Delhi De&elopment Authorit$, 2*(2) CPC 2*) Delhi
/Irre%ularities in allotment of houses - Complaint can be filed a%ainst ,ousin% >oard under Consumer Protection
Act - *ano( 0umar Adhi4ar$ &. 'ommissioner, Assam #tate Housin) Board5 1!!*(1) CPC 1* Assam
/#o documentary e&idence produced to pro&e payment to 0P throu%h third person - Complaint not maintainable -
Complainant directed to approach ci&il court %i&in% benefit of limitation - 2((2) CPC *(* #$C$
--#on deli&ery of house despite payment 6efund of deposited amount with 13: p$a$ interest with compensation of
6s$ 1 la4h +ustified 2!(1) CPC *12 #$C$
/#on-construction fee char%ed as per scheme published under rele&ant re%ulations - Claim for refund of fee ri%htly
declined - 2((2) CPC "3. #$C$
--0P delayed allotment of flat for 2* years despite re%istration of applicant under the scheme 'orum ri%htly
directed refund of deposited amount with interest and cost 2!(1) CPC !. #$C$
--0P deli&ered flats without pro&idin% basic facilities and delay in possession for ( years 0P directed to pay
amount spent on construction by the complainant with interest 2!(1) CPC *3 #$C$
--0P did not deli&er possession of shop boo4ed in commercial comple9 despite payment 0P directed to refund the
amount with interest by District 'orum 0rder +ustified - 2!(2) CPC 13* #$C$
/0P failed to e9ecute sale deed of house as per terms of a%reement - 'orum ri%htly ordered 0P to refund double of
ad&ance money - Consumer +urisdiction not barred - 23(1) CPC ".! Pb$
--0P failed to ma4e allotment of site and to e9ecute sale deed despite payment of price Directed to refund price
with compensation and interest at the rate of 13: p$a$ - 2!(2) CPC 2(! #$C$
--0rder of 'orum directin% 0$P$ to e9ecute sale deed in fa&our of complainant modified by 1tate Commission to
ma4e the order in accordance with law 0rder upheld 2!(1) CPC *! #$C$
--Possession delayed despite payment of total price Allotment authority held liable for deficiency in ser&ice -
2!(2) CPC 2! #$C$
--Possession of allotted flat not deli&ered in time 0P directed to refund the deposited amount with 13: interest
and 6s$ 155 to each complainant 2!(1) CPC *2* #$C$
/Possession of ,IE flat not deli&ered despite payment of entire amount - 0P directed to refund deposited amount
with 13: interest - 2((2) CPC .* #$C$
/Possession of house delayed by builder for balance of petty amount - Complainant entitled to compensation of 6s$
*5 payable after deduction of balance amount - 2)(2) CPC (12 #$C$
--Possession of house not deli&ered5 no de&elopment wor4 was completed by 0P Complainant held entitled to
deli&ery of possession without any panel interest 2!(1) CPC 2! #$C$
/P-DA failed to deli&er physical possession of allotted house - Directed to pay 6s$ * p$m$ till date of deli&ery of
possession alon% with 6s$ 25 - 22(1) CPC **! #$C$
- P-DA failed to complete de&elopment wor4s and appro&al of Jone within prescribed period - 1tate Commission
ri%htly directed payment of interest on interest amount - 23(2) CPC 22! #$C$
--1er&ice is duly co&ered under ser&ice as defined u7s 2 (1) (o) of CP Act Complaint is maintainable 21(1)
CPC 2! ,r$
32
--1tate Commission directed builders to pro&ide permanent par4in% space by char%in% re2uisite payment as per
buildin% byelaws 0rder upheld 2!(.) CPC 3( #$C$
---ndue delay in deli&ery of possession - Allottee is entitled to refund with 12: interest - Dr. 3. Rama+har$ &. :.
:ee&an Rao, 2"(2) CPC )*. #$C$
---ndue delay in deli&ery of possession 0rder of 1tate Commission directin% refund of deposited amount with
1: interest and cost of 6s$ 157- upheld 2!(.) CPC 1.* #$C$
/-ndue delay in deli&ery of possession of house - Award of interest ; 13: after two years upheld - 22(2) CPC
32 #$C$
/-ndue delay in deli&ery of possession of house - 0P directed to pay 1)$*$: interest on deposited amount -
2.(1) CPC 22! #$C$
/-ndue delay in possession of plot causin% loss due to risin% cost of construction - Award of 6s$ 1 lac as
compensation +ustified - 22(1) CPC 1!) #$C$
Housing &ociety - Complainant failed to pay full land cost - ,is name was e9cluded from draw of lots - ,eld
not entitled to any relief - 1!!"(2) CPC 13" #$C$
/Complainant resi%nin% from membership of ,ousin% 1ociety - ,eld entitled to withdrawal of his deposits with
13: interest - 1!!"(2) CPC ."" Delhi
/ComplainantBs membership ille%ally deleted - Demand of 2": P$A$ on balance raised - Allotment of house denied
- 1ocietyBs act amounts to a %ra&e deficiency in ser&ice - 2(2) CPC 1*" ,r$
/Demand of 2": to .: interest from members of ,ousin% 1ociety on balance is un+ust - 0nly 12: interest
permissible - 1!!((2) CPC 1(" ,r$
/,ouses for members of ,ousin% 1ociety who had paid the amount5 not constructed in time - 6espondent held
liable for renderin% deficient ser&ice - 1!!"(2) CPC ).! Eu+$
/,u%e amount of loan outstandin% a%ainst complainant member of Co-operati&e ,ousin% 1ociety - Complainant
see4in% direction for e9ecution of con&eyance deed can be decided by 6e%istrar of 1ociety and not under the C$P$ Act -
22(2) CPC .3( F$>en%al
/@er%er of ,ousin% 1ociety with ,$-$D$A$ not appro&ed by 8own Plannin% Department - @embers of society
cannot claim allotment from ,$-$D$A$ thou%h a%reed by 1ociety - 1!!3(2) CPC "() Chd$
/-ndue delay in deli&ery of possession of land to 1ociety after recei&in% a sum of 6s$ 15215*!! ,ousin% >oard
directed to pay 13: p$a$ interest on deposit with cost - 2(1) CPC 11* Chd$
Housing wor. - 0pposite party failed to complete unfinished wor4 in flats - Directions %i&en by District 'orum
to do the needful do not re2uire an interference on the %round that order is not a spea4in% order - 2(1) CPC "*2
F$>en%al
Housing+'lat - Delay of ten years in completin% construction of flats delayed for ten years by E$D$A -
Deficiency in ser&ice by E$D$A$ stands pro&ed - 21(1) CPC "1" #$C$
Huge compensation - Deficiency in ser&ice on part of builders pro&ed - ,u%e compensation of 6s$ 12 lacs
refused - 0nly 6s$ . ?acs awarded - #hirish Rani+handra :oshi &. Umali$a Builder 'onstru+tion and De&elopers, 2"(2)
CPC 2. @aha$
/Demand of only reasonable compensation is proper where deficiency in ser&ice is pro&ed - Demand of hu%e
compensation is un+ust - 0amlesh Pil2an &. :ai Bharat 'o-7perati&e House Buildin) #o+iet$5 1!!((2) CPC .22 ,r$
Hypot!etical order - Prolon%in% case of allotment by passin% a hypothetical order by District 'orum is not
+ustified - #. *ohinder #in)h &. Amritsar %mpro&ement .rust5 22(1) CPC !1 Pb$
"dentical grounds - Carlier appeal on identical %rounds dismissed - 1ubse2uent appeal not maintainable -
'hie1 Administrator, H.U.D.A. &$ Rahul :ain, 1!!!(2) CPC 12 ,r$
"dentical relief - 6elief claimed by the petitioner was identical to the relief claimed before ,i%h Court which
has not %ranted interest on deposited amount - 6elief declined - 23(1) CPC .(! #$C$
"llegal clause - Allottees not bound by clause of a%reement debarrin% them from refund of deposits - 1!!*(1)
CPC 2" 8$#$
"llegal condition - A condition of allotment letter depri&in% allottee of his le%al remedy is not le%ally &alid -
Bharat Bhushan &. 'handi)arh Housin) Board, 2"(2) CPC ). Chd$
"llegal construction - >uilder could not complete construction as complainant refused to pay balance amount -
Construction was not also le%ally permissible - 0$P$ not liable for dama%es - 22(2) CPC *. Chd$
"llegal decision - Decision %i&en on preponed date is not le%ally &alid - 2(1) CPC .(3 -$P$
3.
"llegal deduction - 6efund claimed as necessary amenities were not pro&ided upto " years after allotment
Deduction of 1: by ,-DA un+ustified 0P directed to refund total price with 12: interest and costs - 21(.) CPC !
#$C$
"llegal order - Dismissal of complaint e&en without issuin% a notice to other party is in &iolation of pro&isions of
1ections 1. and 1" - Complaint should be decided on merits - 1!!3(2) CPC *)( Pb$
/0rder passed by District 'orum not in accordance with statement of the party - 0rder suffers from ille%ality - H.P.
Housin) Board, #himla &$ #hri Upendra /ath 0hosla, 1!!. CPC ((* ,$P$
"llegal terms - Ille%al terms in an a%reement bein% a%ainst public policy cannot be acted upon in compliance
thereof - 2.(1) CPC *!( @aha$
"mpleadment - @ere impleadment of Chief Administrator of ,$-$D$A$ ha&in% its office at Panch4ula does not
confer +urisdiction on District 'orum5 Panch4ula where no cause of action accrued - 1!!3(1) CPC )1* ,r$
/Complainant transferee of plot claimin% compensation for non deli&ery of possession from ,1IDC without
impleadin% ,-DA as a party - Complaint held not maintainable - R.P. Bedi &$ Har$ana #tate %ndustrial De&elopment
'orporation Ltd., 2(1) CPC *"1 Chd$
"mprisonment - Appellant made partial compliance of order of Commission All the defects of house were not
remo&ed- Penalty of three months imprisonment with fine of 6s$ 157- upheld - 2!(2) CPC .(( -$P$
"mprovement #rust - A written statement filed by C9ecuti&e 0fficer authorised by Chairman of Impro&ement
8rust is not ille%al - Ar&inder 0aur (#mt.) &$ %mpro&ement .rust, Ludhiana, 1!!!(1) CPC ".( Pb$
/Complainant allottee claimin% compensation for Impro&ement 8rust for non de&elopment area and remo&al of
unauthoriJed construction etc$ - 8rust is not liable for any deficiency in ser&ice - 6elief declined - 23(1) CPC *2 #$C$
/Disabled person allotted plot at price 6s$ "25 - Demand of 6s$ 2* lacs after si9 years is un+ustified - 6ules
cannot be chan%ed arbitrarily in this re%ard by Impro&ement 8rust - 23(1) CPC *!1 #$C$
/Delay of *-172 months in deli&ery of possession of plot - Impro&ement 8rust directed to pay 6s$ 15 with 13:
interest and deli&er the possession - 1!!!(2) CPC !2 Pb$
/Delay of ! years in deli&ery of possession by Impro&ement 8rust - 8rust liable to pay 1*: interest P$A$ and
deli&er possession - Ludhiana %mpro&ement .rust, Ludhiana &$ #an)eeta Dhir, 1!!3(2) CPC 2*3 Pb$
/Demand of penalty and e9tension fee for non- construction of house in time as per instructions not supported by
Act or 6ules - 8rust directed to refund the amount - 1!!!(2) CPC *.( Pb$
/'lat could not be constructed due to e9istence of water pipe on site owned by @unicipality - 8rust not liable for
deficiency in ser&ice - 2(1) CPC 1. Pb$
/Possession of plot not %i&en e&en after ma4in% full payment - Impro&ement 8rust directed to deli&er possession
alon% with compensation of 6s$ *5 with 13: interest - %mpro&ement .rust, Gurdaspur &$ #at$a De&i, 1!!((2) CPC .1)
Pb$
/8rust failed to allot a house or refund the deposited amount - 6efund with interest ordered - 1!!!(1) CPC 22(
@$P$
/8rust failed to allot plot e&en after compliance of all conditions - ,eld5 liable for deficiency in ser&ice - Amritsar
%mpro&ement .rust &$ #. Dharam Pal #in)h, 1!!3(2) CPC "* Pb$
"ncrease in price - If reduction is allowed in price of land by Court - Allottee should be %i&en the benefit
-2"(2) CPC ))2 1$C$
--Price of allotted house due to increase in cost of construction was enhanced - 8here is no ille%ality in the order -
#ri A.3. /ara$an &$ .he 'ommissioner, 1!!1 CPC 13* Har$
"ndustrial plot - A plot of "* 12$ @eter allotted in place of 2 12$ meter - 6espondent directed to pay 6s$
*5 as compensation - :ai 0umar *eerani &$ Har$ana #tate %ndustrial De&elopment 'orp., 1!!((1) CPC 2!3 ,r$
/Allotted industrial plot of complainant encroached upon by someone else - Complainant entitled to allotment of
alternati&e plot at ori%inal price - Har$ana Ur"an De&elopment Authorit$ &$ Ar&ind 'haudhar$, 1!!((1) CPC ** ,r$
/Complainant was not allotted industrial plot despite recommendation by Industrial Department - Authorities
directed to allot the plot to complainant - 1!!3(2) CPC "3 Pb$
--Industrial plot allotted Plot cancelled after depositin% the amount Intention of complainant far from earnin%
li&elihood by self-employment 1uch dispute would not be a consumer dispute - 21(.) CPC 2!! #$C$
/Cnhancement of price of plot due to re&ised price by Courts - Allottee bound to pay the re&ised price - 1!!. CPC
)3( #$C$
/,$1$I$D$C$ char%in% e9cess price of industrial plot complainant entitled to refund of e9cess amount with 12:
interest - Rama 0ant Bhard2a( &$ Har$ana #tate %ndustrial De&elopment 'orporation, 1!!3(1) CPC "1! ,r$
3"
/,$1$I$D$C$ failed to deli&er possession of allotted plot - Directed to deli&er possession to complainant within one
month - Ram #in)h &$ Har$ana #tate %ndustrial De&elopment 'orporation Ltd., 1!!3(2) CPC !" ,r$
--6espondent failed to de&elop the re2uired plot within stipulated period - Complainant held entitled to refund of
deposited amount with 13: interest - 1!!)(1) CPC .(1 Chandi%arh$
/Plot allotted to the Complainant cancelled due to non payment of consideration of tentati&e price - 1!!((2) CPC
13 Chd$
/-ndue delay in deli&ery of industrial plot - 6espondent directed to pay 6s$ 0ne la4h as compensation within a
period of two months - 1!!((2) CPC *33 Chd$
/-nnecessary delay in deli&ery of possession of plot ultimately allotted to complainant - 0nly refund of amount
spent on stamp duty allowed - 1!!((1) CPC .3 Chd$
"ndustrial s!ed - Delay of ( months in deli&ery of possession of Industrial shed - Complainant awarded 6s$
*5 for sufferin% loss in pro+ect - 1!!*(1) CPC 22" #$C$
"ndustrial unit - Delay in start of insdustrial production - ?e&y of e9tension fees for delay +ustified - >aseless
alle%ation of non de&elopment of area repelled - 2.(1) CPC ". Chd$
/0P Corporation restricted complainants business acti&ities as he failed to ma4e full payment - 0P committed no
deficiency in ser&ice - Allport %nternational Pri&ate Ltd. &$ Har$ana ,inan+ial 'orporation, 2.(2) CPC "*1 Chd$
"nference - >alance price of plot with interest accepted by DDA after e9piry of time - Deemed e9tension of time
can be inferred - 21(1) CPC ).) 1$C$
"nfructuous appeal - Allotment of plot made durin% pendency of consumer proceedin%s Appeal became
infructuous Dismissal of appeal upheld - 21(.) CPC .* #$C$
"nstallation of lift 0P delayed installation of lift causin% loss at 6s$ 25 p$m$ to complainant for a period
of ( months 0P directed to pay 6s$ 152*5 as compensation to the complainant - 21(.) CPC 1. 6a+$
"nstalment of plot - Allottee cannot delay payment of instalment on the %round that de&elopment wor4 has not
been completed by ,-DA - 1!!((1) CPC 2*( ,r$
"nstalment - Demand of 13: interest by Authorities on entire amount instead on delayed instalment amounts to
deficiency in ser&ice - 1!!*(1) CPC *"1 -$P$
"nterest - Allottee cannot be e9pected to ta4e possession unless necessary amenities are not pro&ided - 6efund of
interest for delayed payment ordered to be refunded - 2((2) CPC )2. #$C$
/Allottee held entitled to interest at the rate of 13: on e9cess amount recei&ed by ,ousin% >oard - 1!!((1) CPC
"12 #$C$
/Allottee of ,$-$D$A$ plot is entitled to payment of interest on deposits when there is undue delay in deli&ery of
possession - Har$ana Ur"an De&elopment Authorit$ &$ Param(it #in)h, 1!!3(1) CPC 11 ,r$
/Allottee was le%ally entitled to refund of 6s$ 115*"5!(" after surrender of plot - 0pposite party delayed payment -
Directed to refund the amount with 12: p$a$ interest - 2(1) CPC "!1 Chd$
/Allottees are entitled to interest on deposit where deli&ery of possession is unduly delayed - 1!!((2) CPC 2( ,$P$
/Allottees are entitled to interest on deposits wron%ly detained by ,ousin% >oard - 1!!*(1) CPC *23 -$P$
/Allottees cannot be made to pay interest on balance amount unless possession of house is deli&ered - /a)ar
#udhar /$as &. *rs. Usha, 2"(2) CPC .1 6a+$
/Allottees were in arrears of instalment of plot price - Cannot claim interest on deposits merely that allotments are
chan%ed from 1cheme A to another 1cheme > - Gha!ia"ad De&elopment Authorit$ &. #ri *ohan Lal5 2*(2) CPC 2(.
-$P$
/Allottee-complainant denied possession for 2 years after depositin% the amount - Cntitled to 12: interest on
deposits - 1!!2 CPC **2 Har$
/Alternati&e allotment made on ori%inal rates - Allottee not entitled to interest on deposited amount - 1!!1 CPC
1"! Har$
/An unsuccessful applicant for plot is not entitled to interest on earnest money if refunded within reasonable period
by ,$-$D$A$ - 1!!((2) CPC ..! #$C$
--Authorities char%in% penal interest on delayed instalments under terms of brochure - #o deficiency in ser&ice
committed - 1!!*(2) CPC 2.2 #$C$
/Appellant Corporation failed to refund earnest money - #or plot was allotted - 6efund with 13: interest +ustified
- Pun(a" #mall %ndustries and 68port 'orporation Ltd. &$ #mt. 0usum Lata Gupta, 2.(1) CPC 1.1 Pb$
/Applicant could not be %i&en a plot by allotment by P$-$D$A$ - ,eld entitled to refund of deposits with 1:
interest - 1!!((2) CPC "1" #$C$
3*
/Authorities refunded price of plot5 in stead of ma4in% allotment5 after 12 years - Directed to refund the deposited
amount with 13: interest - 21(1) CPC *)! Pb$
--Authorities can char%e interest on balance at the rate pre&ailin% at the time of purchase of site - 2!(2) CPC )
1$C$
/>an4 refused to ma4e payment when %uarantee was in&o4ed - Directed to pay 1*: on the amount for delayed
period - 1!!((2) CPC )!" 8$#$
/>DA delayed possession of house 3 to 13 months after full payment - Directed to pay 1(: interest on full price
from date of last instalment - 1!!3(1) CPC 2* @$P$
--Allotment authority offered deli&ery of possession to allottee who himself faulted by not comin% forward Interest
on delayed installments cannot be remitted by raisin% a plea of delayed possession 211(1) CPC )(* Pb$
/>idder of plot held entitled to 1*: interest on the e9cess amount of auction plot deposited with Delhi
De&elopment Authority - 1!!1 CPC 2. Delhi
/>uilders chan%in% location of allotted house without consent of allottee - ,eld liable to pay 12: interest on
deposits without claimin% forfeiture of 1: of deposits - 2(2) CPC "" Chd$
/>uilders delayed the construction of flat for about 1 years - Allottees held entitled to interest on deposits at the
rate of 13: per annum - 1!!*(1) CPC )*3 #$C$
--Char%in% of interest on balance amount about plots under 1elf 'inancin% 1cheme held to be &iolati&e of 6ules -
0rdered to be refunded - 1!!*(2) CPC 2.2 #$C$
--Char%in% interest on interest is not a compound interest especially interest is char%ed in accordance with the terms
of a%reement of lease It does not constitute deficiency in ser&ice 2!(1) CPC *!) 1$C$
/Complainant declined to accept bi%%er plot a%ainst her will - ,eld entitled to refund of deposit with 1*: interest -
Har$ana Ur"an De&elopment Authorit$ &$ #mt. *anorma Rani, 1!!((1) CPC *3* ,r$
/Complainant deposited certain amount with respondent Co$ with stipulation that it would be repaid with 2":
interest - Company directed to refund the amount with 12: p$a$ interest only - 2(1) CPC "3* Chd$
/Complainant ne&er came to claim refund of earnest money paid for allotment of plot - #ot entitled to claim
interest on said amount - 2(2) CPC 11 Pb$
/Compound7simple - 8here is no rule or practice in ,$-$D$A$ allowin% compound interest on balance of plot price -
0nly simple interest can be char%ed from allottees - 1!!!(1) CPC ") ,r$
/Construction not completed within stipulated period by ,ousin% >oard - Allottee held entitled to interest on
deposits - 1!!((1) CPC )3" ,$P$
/DDA paid interest at the rate of (: as mentioned in the terms of a%reement - Interest held to be le%ally &alid - Lal
'hand &$ Delhi De&elopment Authorit$, 1!!*(1) CPC *) #$C$
/Delay in construction by builders - Complainant held entitled to 13: interest on deposit - A(a$ 0hanna &$ 7me)a
'ommer+ial P&t. Ltd., 1!!*(1) CPC )(" #$C$
--Delay in construction wor4 by builders - Allottees entitled to 1*: interest on deposit - 1!!*(1) CPC ))) #$C$
/Delay of "-172 years in deli&ery of possession of site to 1ociety - 1ociety entitled to interest at the rate of 13: on
deposits - 1!!!(1) CPC 2) Chd$
/Delay of * years in deli&ery of possession by ,-DA - Directed to refund deposit with 13: interest p$a$ to
complainant - 1!!((2) CPC "21 Chd$
/Delay of ( years in deli&ery of possession - ,-DA directed to refund price of plot with 1: interest - 'hie1
Administrator, H.U.D.A. &$ #mt. #arla Rani, 21(2) CPC *"* Chd$
/Delay of 3 years in deli&ery of possession of flat - 6efund of deposits with 13: interest per annum +ustified -
1!!)(1) CPC )*( #$C$
/Delay of one and half month in refund of amount does not entitle an unsuccessful applicant to interest on the
deposit - 'hie1 Administrator, Har$ana Ur"an De&elopment Authorit$ &$ Anil #ethi, 1!!((1) CPC *1 ,r$
/Deli&ery of possession deliberately prolon%ed by the authorities - 13: rate of interest on deposit +ustified -
Gha!ia"ad De&elopment Authorit$ &$ #ri D.0. 3i(h, 1!!*(1) CPC *3 -$P$
/Demand of 13: interest by Authorities on entire amount instead on delayed instalment amounts to deficiency in
ser&ice - A)ra De&elopment Authorit$ &$ *urari Lal Goel, 1!!*(1) CPC *"1 -$P$
--Demand of 2": to .: interest from members of ,ousin% 1ociety on balance is un+ust - 0nly 12: interest
permissible - 1!!((2) CPC 1(" ,r$
/De&elopment authority failed to deli&er possession of house within the a%reed time - Complainant entitled to 11:
interest on the deposit - Amrit Lal 'hum &$ #himla De&elopment Authorit$, 1!!. CPC 1!( ,$P$
/D$D$A$ delayin% in deli&ery of possession in &iolation of a%reement - Directed to pay 1*: interest on total price -
1!!((2) CPC 2*2 #$C$
3)
/C9cess amount lyin% with respondent corporation since lon% - 6espondent directed to pay 1*-172: interest on
deposit - :ai 0umar *eerani &$ Har$ana #tate %ndustrial De&elopment 'orp., 1!!((1) CPC 2!3 ,r$
/,ousin% >oard failed to deli&er possession of house - #ot entitled to char%e interest on balance amount - Har$ana
Housin) Board, 'handi)arh &$ #h$am #under #in)hal, 1!!3(2) CPC 2.2 ,r$
/,ousin% 1ociety after deletin% name of a member5 cannot demand interest on balance amount from him - 2(2)
CPC 1*" ,r$
/,ousin% 1ociety surrendered the allotted plot at its own - 6efund of entire amount by ,-DA is an e9tra fa&our -
,-DA not liable to pay interest on the amount - 1!!((1) CPC *2. ,r$
/,ousin% - Allotment in open auction - ": of total &alue deposited - Interest demanded - Interest could be
demanded from date of auction5 not from date of possession - 23(.) CPC 11 #$C$
/,-DA can claim interest on balance price only after deli&ery of possession of plot - 22(1) CPC "13 ,r$
/,-DA cannot retain e9cess amount if deli&ery of plot is delayed - ?iable to refund e9cess amount with interest at
the rate it is char%in% from allottees - Har$ana Ur"an De&elopment Authorit$ &$ U. *. :ain, 1!!*(2) CPC "2 ,r$
/,-DA delayed allotment of plot for 1* Pears - Directed to allot alternati&e plot at ori%inal price and pay 12:
interest on deposits - 2((2) CPC )*( #$C$
/,-DA is liable to pay interest on deposits where deli&ery of possession of plot has been unduly delayed -
Har$ana Ur"an De&elopment Authorit$ &$ *ahesh 'hander Arora, 1!!((1) CPC *) ,r$
--,$-$D$A$ a%reed to issue occupation certificate within 1 days of completion of construction - Delay of ) to 3
months - ,$-$D$A$ directed to pay interest on deposited amount - 1!!!(1) CPC 3) ,r$
/,$-$D$A$ is duty bound to pay 13: interest from e9piry of . years of allotment till encroachment (,i%h tension
wire) is remo&ed - :.P. 5ada&, *ana)in) Dire+tor, House1ed &$ 6state 711i+er, H.U.D.A., 1!!((2) CPC 1) ,r$
/Interest awarded in form of compensation - 0ther compensation not to be awarded - 2"(1) CPC *.2 ,r$
/Interest in form of compensation %ranted - 6elief in other form is not permissible - 2.(1) CPC *2. ,r$
/Interest is payable from date of complaint and not from the date of deposit - 2"(2) CPC )2 Chd$
/Interest on balance demanded by ,-DA w$e$f$ 1!3) without reason - Directed to char%e interest w$e$f$ 1!!. when
stay from ,i%h Court was &acated - 2(2) CPC 1*2 ,r$
/Interest on deposit is payable from the date from which respondent authority is found deficient in ser&ice -
Ludhiana %mpro&ement .rust &$ A&tar #in)h, 1!!((2) CPC "!* Pb$
/Interest on deposits for plot is payable for the date of offer for deli&ery of possession - #ot from the date when
possession is deli&ered - Har$ana Ur"an De&elopment Authorit$ &$ #mt. #harda De&i, 1!!((2) CPC !) ,r$
/#ecessary facilities not pro&ided by ,-DA in the locality - Allottee complainant not liable to pay interest on
delayed amount - 23(2) CPC (3 #$C$
/#ot determined on indi&idual basis - Allotment not liable to pay interest on balance amount - 1!!"(2) CPC *!
,r$
/0nce the delayed instalment of house accepted - Interest on payment cannot be demanded - 1!!"(2) CPC )( -$P$
/0$P$ deficient in ser&ice in allotment of plot - Directed to refund of 6s$ 1)*32 - Award of interest refused -
2"(1) CPC !. Chd$
/Payment of interest on deposit can be allowed e&en when there is no pro&ision in a%reement of parties - 2"(1)
CPC *". #$C$
--Possession delayed for 1 years - ,$-$D$A$ directed to pay 13: interest on deposited amount - 1!!((2) CPC !"
,r$
/Plot in unathorised possession of third party with conni&enance of ,-DA employees - Allottee allowed refund of
price with 1*: interest - 2.(2) CPC *( #$C$
/Possession of the allotted house not deli&ered within a%reed time - Complainant is entitled to 13: interest on the
deposit - 1!!. CPC 21) ,$P$
/P$-$D$A$ can be burdened with 12: per annum interest on deposits payable only from date of draw of lots -
2(1) CPC 13) Chd$
/6edressal a%encies are competent to %rant interest at a rate hi%her than that pro&ed under the ,aryana ,ousin%
>oard 6e%ulation - 13: interest in the present case - Housin) Board Har$ana &$ Ramesh 'hand, 1!!2 CPC 2)! ,r$
/6edressal A%encies are empowered to %rant interest on the amount deposited with the Impro&ement 8rust -
1!!"(2) CPC ** Pb$
/6espondent company failed to refund deposited amount with a%reed interest at 2": p$a$ - Directed to refund total
amount with 12: p$a$ interest - %ndus 3alle$ 6states and ,arms Ltd. &$ Dr. #ansar 'handra, 2(1) CPC "3) Chd$
/6espondents failed to complete construction of flats as a%reed - Allottees allowed refund with 1*: per annum
interest - 1!!*(1) CPC *". #$C$
3(
/1tartin% point - Interest on deposit can be char%ed after e9piry of 2 years from date of cause of action - 1!!3(2)
CPC 2.) ,r$
---ndue delay by ,-DA in refund of amount - Complainant allowed 13: interest on deposit - 1!!*(2) CPC "22
,r$
/-ndue delay in deli&ery of possession - Interest is payable after 2 years from date of allotment - 6state 711i+er,
H.U.D.A., Gur)aon &$ Deep 'hand #harma, 2"(1) CPC *.1 ,r$
"nterest as compensation - After awardin% 13: interest on deposited amount in the form of compensation5
other relief is not to be %ranted for delay in deli&ery of possession by ,-DA - 22(2) CPC )3) #$C$
--0ther compensation need not be %ranted when compensation in the form of payment of interest is ade2uate -
21(2) CPC (1 #$C$
"nterest balance money - ,-DA cannot be restrained from char%in% interest on balance money by raisin% a
plea that possession was deli&ered only on paper and not in actual terms - 23(1) CPC *12 #$C$
"nterest demand - ,-DA offered to deli&er possession of plot on 2($12$2 but necessary re2uirements were
completed on 1!$12$21 - ,-DA cannot demand interest on balance - 22(2) CPC .1) ,r$
"nterest+compensation - 6efund of deposited amount allowed with 13: interest 'urther compensation not
permissible as interest has been awarded 211(1) CPC .1! Harnata4a
"nterest+3tension fee - ,-DA cannot char%e interest or e9tension fees for non-construction within
stipulated period - Har$ana Ur"an De&elopment Authorit$ &. *rs. Rita Bhita, 2((2) CPC 21 ,r$
"nterest+Penalty - Price of ,-DA plot was re&ised for se&eral times and penalty was imposed without offer of
possession - ,-DA directed to deli&er possession without char%in% any interest or penalty - 2((2) CPC ..* ,r$
"nterest on balance - Area of booth allotted found to be 23$)3 instead of 22$)3 s2$ metres - ,$-$D$A$ can
reco&er price of e9cess area but not any interest on thereon - 1!!3(2) CPC 2.! ,r$
--Allottee could not raise construction as desi%n for site plan was not supplied Demand of interest on instalment is
un+ustified - 21(.) CPC 23( #$C$
/Denial of supply by Clectricity Department to show room on ,-DA plot on its completion - ,-DA cannot be
denied payment of interest on balance installment on %round of non-supply of electricity - 2)(2) CPC .*2 ,r$
"nterest on compensation - Complainant was %uilty of contributory ne%li%ence in a contract of purchase of a
flat - 0P not liable for delay of possession due to fault of complainant - 0rder modified - Interest on compensation
amount deleted - 23(2) CPC 1.! #$C$
"nterest on deposits - Allottee can claim 13: p$a$ interest on deposits if there is undue delay in deli&ery of
possession of plot7flat by ,-DA7P-DA7EDA etc$ - H.U.D.A. &$ Darash 0umar, 21(2) CPC ).* #$C$
--Alternati&e plot allotted to complainant after he surrendered the earlier one - EDA is entitled to %et pre&ailin% price
of second plot without payment of interest on deposited amount 2!(1) CPC (1! 1$C$
/Amount deposited for allotment of flat - 1cheme abandoned - Complainant entitled to 1*: simple interest instead
of *: interest - 2"(1) CPC 22) -ttaranchal
/Applicant found ineli%ible for allotment - Che2ue issued for refund returned due to wron% address - ,ousin%
>oard not to pay interest on deposits - 1!!3(2) CPC 1!) ,r$
/Authorities char%in% 2": interest on delayed instalments - Allottees also entitled to char%e the same rate of
interest if allotment is delayed - 2"(1) CPC 2!! Pb$
/>uilder delayin% construction without reasons - ,eld liable to refund deposit with 13: interest P$A$ and pay 6s$
2*5 - 1!!)(2) CPC 31 #$C$
--Allottee of plot did not pay the installments on due date5 he cannot claim interest on refund of his deposited
amount - 21(2) CPC 1( #$C$
--Delay of ( years in re-allotment of plot Complainant is entitled to payment of interest on deposited amount -
21(2) CPC 2(2 #$C$
--,-DA failed to refund deposited amount for a period of 3 years 6efund made at such a belated sta%e without
interest ,-DA directed to pay !: interest on deposited amount 0rder upheld - 21(2) CPC (1( #$C$
/Complainant could not be %i&en possession of commercial plot as hu%e tree was standin% on site - Authorities
directed to pay 13: interest on deposits - 1!!!(1) CPC "3* Chd$
--Complainant could not pro&e that >uildin% 1ociety had earned interest on his deposits - Complainant held entitled
to refund of deposits without interest - 1!!!(1) CPC 2*3 Chd$
33
/Complainant paid the amount for purchase of flat - Possession not deli&ered for 12 years - ,eld5 entitled to
interest at the rate of 1*: on the deposited amount - 1!!2 CPC 2"* Delhi
/Complainant remained unsuccessful in draw of lots in 1!3! - 8ried a%ain in 1!!) - 6efund claimed in 1!!) - 13:
interest payable on deposit for 1!!)-!( only - 'ommissioner, P.U.D.A. &$ #mt. Ramesh Rani, 1!!!(1) CPC 1( Chd$
/Complainants deposits remained with ,-DA for lon% period - Complainant held entitled to 13: interest P$A$ on
deposits till actual payment - Har$ana Ur"an De&elopment Authorit$ &$ 7m Par4ash Dha$al, 1!!)(2) CPC 1.! ,r$
/ComplainantBs deposit 4ept by ,-DA for * years - ,-DA directed to pay 13: interest on deposit - 1!!)(2) CPC
**. #$C$
/Delay of 1-172 months in refund of deposits made by ,-DA - Complainant not entitled to payment of interest on
deposits - 1!!((2) CPC "2" #$C$
/Delay of * years in construction of shop by respondent - Complainant entitled to refund of deposit with 13:
interest - #eema *ittal &$ *-s. Ansal Properties and %ndustries Ltd., 1!!"(2) CPC *" Delhi
/,ousin% board is liable to pay 13: interest on deposited amount for delayin% possession of allotted house and to
refund the entire amount - 2(2) CPC *)) -$P$
/,ousin% >oard5 after recei&in% total price delayed possession of house for ei%ht years without +ustification - 0P
directed to pay 12: p$a$ for ei%ht years period and deli&er possession of house - 23(2) CPC 1(( @$P$
/,-DA can claim interest on balance only from the date of offer of possession of plot and not earlier - Har$ana
Ur"an De&elopment Authorit$ &$ 3irender 0umar :indal, 1!!)(2) CPC ."3 ,r$
/,-DA delayed possession of plot without +ustification - Directed to %i&e possession and also to pay interest on
deposited amount - 22(1) CPC "1" ,r$
/,-DA failed to deli&er possession of plot after recei&in% price of plot for a lon% period - Directed to refund total
deposits with 1*: interest - 2(1) CPC *.) Chd$
/,$-$D$A$ delayed deli&ery of possession e&en of alternati&e plot - Directed to pay 1*: interest P$A$ on deposit -
'hie1 Administrator, Har$ana Ur"an De&elopment Authorit$ &$ H.'. #ardana, 1!!3(1) CPC )" ,r$
/,$-$D$A$ was directed to pay 13: interest on deposits by Distt$ 'orum - 6ate of interest reduced to 1*: in
appeal - H.U.D.A. &$ Pushpa2ati, 1!!*(2) CPC ". ,r$
/If there is delay of more than 2 or . years in deli&ery of possession - ,-DA is bound to pay interest on the deposit
- H.U.D.A. throu)h 'hie1 Administrator &$ 3eena Rani, 1!!)(1) CPC ). ,r$
/Inordinate delay in deli&ery of possession of flat - Complainant allottee entitled to 13: interest on deposit -
1!!)(2) CPC .23 #$C$
/Interest can be awarded on installment of deposit paid at early sta%e and not on delayed installment - 2"(2) CPC
"!! #$C$
/6etention of deposits for allotment of plot for more than 2 years is unwarranted - 13: interest for e9cess period
%ranted - 1!!3(2) CPC 3 Chd$
/1cheme of allotment left in midway without reason - claimant entitled to award of 13: interest on deposit -
2"(1) CPC )) 1$C$
/8otal price of flat paid - Delay of ( months in possession - ,ousin% >oard directed to pay 12: interest on
deposited amount - 'handi)arh Housin) Board &$ #hri Har(inder #in)h, 22(2) CPC *1) Chd$
/-ndue delay in deli&erin% possession of allotted plot - ,-DA directed to pay interest at the rate of 13: per
annum on deposit - Har$ana Ur"an De&elopment Authorit$ &$ Dr. (*rs.) 3andana Lor, 1!!)(2) CPC .") ,r$
/-ndue delay in deli&ery of possession due to encroachment - ,-DA directed to pay 13: interest after 2 years of
deposit - 2.(1) CPC 2 #$C$
/-ndue delay in deli&ery of possession of allotted house - Allottee allowed 13: interest per annum on deposit -
Hem Ra( *aha(an &$ H. P. /a)ar 3i4as Pradhi4aran, 1!!3(1) CPC 1!* ,$P$
/-ndue delay in deli&ery of possession of allotted plot - ,-DA directed to deli&er the possession and also to pay
1*: interest p$ a$ on deposits - 6state 711i+er, HUDA &$ Girdhar Lal 5ada&, 1!!)(2) CPC ."* ,r$
/-ndue delay in deli&ery of possession of land to 1ociety after recei&in% a sum of 6s$ 15215*!! ,ousin% >oard
directed to pay 13: p$a$ interest on deposit with cost - 2(1) CPC 11* Chd$
/-ndue delay in de&elopin% the colony - #or possession of site deli&ered - ,$-$D$A$ directed to refund deposits
with 13: interest p$a$ - 6state 711i+er, Har$ana Ur"an De&elopment Authorit$ &$ #hri #an(a$ Gar), 1!!3(2) CPC .*
Chd$
"nterest on interest Allottee claimed interest on interest from Allotment Authority for defect in allotted
house Interest on interest cannot be awarded Claim un+ustified 211(1) CPC 12* #$C$
3!
"nterest on refund - Appellant70P offered to ma4e allotment in tower * instead in tower " on the same price
which was a reasonable offer but not accepted by the respondent Appellant directed to refund deposits without interest
211(1) CPC ")) #$C$
-->uilders failed to deli&er possessions of flat despite full payment Directed to refund balance amount with !:
interest 211(1) CPC 21* #$C$
"nterest payment - 0pposite Party defaulted in deli&ery of possession of plot - Allottee cannot be burdened
with interest on delayed payment - 2"(1) CPC 2*! Pb$
/Fhere compensation in lump sum is awarded5 paymend of interest also is not proper - 'handi)arh Housin)
Board &$ #hri *aninder #in)h, 2.(1) CPC "23 Chd$
-->uilder could not complete construction within a%reed time due to liti%ation re%ardin% the house >uilder was
directed to complete the construction and deli&er possession 0rder 2ua payment of interest 2uashed - 21(2) CPC 133
-$P$
--Allottee is liable to pay interest on balance amount with effect from date of deli&ery of possession - 'hie1
Administrator, H.U.D.A. &$ 7.#. *aha(an, 1!!!(2) CPC 12* ,r$
/Construction not completed within stipulated period - ,ousin% >oard is liable to pay 1*: interest on deposits
made by complainant - 1!!((1) CPC ")* #$C$
"nterest period - District 'orum directed 0P builder to refund deposits with 12: p$a$ interest - 0rder modified
only pertainin% to period for payment of interest - 23(1) CPC .1! #$C$
"nterest rate - Deli&ery of possession delayed - 0P directed to refund the price with !: interest - 12: interest
un+ustified - 2.(2) CPC ))* @aha$
"nterest+penal interest - ,-DA cannot enhance price of plot without +ustification >ut it can char%e interest
includin% penal interest for default in payment as per terms of letter of allotment - 21(2) CPC *3 #$C$
"nterim order - Interim relief cannot be %ranted under C$P$ Act$ - 22(2) CPC .12 ,r$
--1uch an order does not come under the headin% of a +ud%ment - 1!!2 CPC )3* ,r$
--Directions by District 'orum throu%h interim order for completin% the disputed buildin% within a fi9ed time5 is not
ille%al - Ais2ar$a 'onstru+tion &$ .umati Padma 3i(a$a 0umari, 1!!. CPC "". A$P$
"nterpretation - Fhere two interpretations of a clause are possible one protectin% interest of Consumer is
acceptable - 2*(1) CPC .( Chd$
/Interpretation of a document is not confined only to the phraseolo%y of a deed - 1!!2 CPC )3* ,r$
/Pro&isions of 1ection 1 of Consumer Protection Act is identical with 1ection 2 of the Ci&il Procedure Code -
1!!2 CPC ."" ,r$
"ntricate question - Intricate 2uestion of law in transfer of plot in&ol&ed - Ci&il Court is the proper 'orum to
decide the matter - 22(1) CPC ".( Chd$
"nvalid order 0rder based upon fraud by statin% wron% facts 0rder not le%ally sustainable Case remanded
2!(1) CPC *1 #$C$
"nvalid terms - Ille%al terms %i&en in brochure for refund of plot price without interest5 cannot be sustained -
22(1) CPC ")" 0rissa
"rrevocable affidavit - Complainant sold flat in 2uestion sold with irre&ocable affida&it in fa&our of purchaser
Complainant has no locus standi to continue consumer proceedin%s 2!(1) CPC )* #$C$
6!uggi dweller - ,-DA cannot escape its liability to remo&e the encroach- ment of Nhu%%idwellers so as to
deli&er possession to the allottees - 1!!((2) CPC .11 ,r$
/It is the duty of ,$-$D$A$ to remo&e the Nhu%%i dwellers from the allotted plot - 1!!((2) CPC !* ,r$
/,$-$D$A$ not +ustified in delayin% possession on the plea that site has been encroached upon by Nhu%%i dwellers -
1!!((2) CPC !. ,r$
6oint complaint - Complaint by allottee of plots ha&in% a common cause is maintainable under Consumer
Protection Act - 2"(1) CPC "3* #$C$
6ournalist quota - Complainant an accredited +ournalist - ,eld entitled to allotment from Nournalist 2uota of
houses - 1!!*(2) CPC "( 6a+$
6udgement in rem Nud%ement in rem is bindin% not only to parties but upon all the world 2!(1) CPC
"". #$C$
!
Landlord+tenant - #o pro&ision in lease deed about maintenance of buildin% by landlord - @atter not co&ered
under C$P$ Act - 21(1) CPC )2" 1$C$
/1hop leased by @unicipality - #ot constructed in time - Ci&il Court should be approached for relief as it is a
dispute between landlord and tenant - 1!!3(1) CPC "3 ,r$
Latent defect - Plea of estoppel does not apply where latent defect in a buildin% is chec4ed e&en after a period
of * years - *e)na Pri&ate Ltd. &$ #alil 0umar Ghosh, 1!!3(1) CPC ..) F$>en%al
Lawyer,s mista.e - ?iti%ant should not suffer for lawyerBs mista4e - 1!!((1) CPC *)" Delhi
Lawyers, stri.e - Ad&ocate could not appear as lawyers had %one on stri4e - Dismissal of complaint is a%ainst
law - ?iti%ant not to suffer - 1!!((1) CPC *)" Delhi
Layout - Plot sold without %ettin% layout sanctioned from De&elopment Authority - >uilders liable to compensate
the allottee - 2(1) CPC 2 A$P$
Lease of land - Culti&ation in land a%ainst terms of contract of lease - Erie&ances does not come under the
Consumer Protection Act - 1!!*(2) CPC *! ,r$
Lease period $ ?essee alle%ed cheatin% on the part of 0P for chan%in% period of lease from 3 to . years
1tate Commission on the basis of rele&ant e&idence refused to %rant any relief as cheatin% was not pro&ed 0rder upheld
211(1) CPC *!3 #$C$
Lease+sale - ,ire purchase basis char%ed to outri%ht sale of house - Allottee is to ma4e payment accordin% to
modified allotment order - 1!!)(1) CPC ".) 6a+$
Legal !eirs rig!t - ?e%al heirs of %rand mother allottee cannot be denied e9ecution of title deeds of allotment -
23(1) CPC "*! Pb$
Legality of order - 0rder passed by President of 'orum sittin% sin%le - 0rder is in &iolation of pro&isions of
1ection 1"(2) and 1"(2-A) of C$P$ Act - 2)(1) CPC )*3 ,r$
--8here was no proper application of mind to the facts of the case by the 1tate Commission - 0rder suffers from
ille%ality - 1!!2 CPC 223 #$C$
Less area - A plot of ) s2$ yds$ found less by !2$* s2$ yds$ on spot - Allottee held entitled to refund of e9cess
price paid alon% with compensation of 6s$ 25 for sufferin% mental a%ony - 2.(2) CPC .( Pb$
/Area found to be ". 12$ meters less than allotted area - Price to be char%ed as per measurement of area - 2"(1)
CPC 2(( Pb$
Lessor+Lessee - 6elation between promoter builders and allottees5 is not that of a lessor and lessee - 1!!2 CPC
)3* ,r$
Liability - Con&ersion of land into industrial plot appro&ed by 8own and Country Plannin% Department - ,-DA
not liable for lac4 of necessary amenities to the area - 22(1) CPC "1! ,r$
/Delay in deli&ery of house due to default of contractor - Authority cannot escape its liability for delay of
possession - 2(2) CPC ")! -$P$
--1ecurity a%ency pro&idin% only watch and ward ser&ices of residents It cannot be held liable for theft of %oods -
21(.) CPC *! #$C$
--Alle%ation of pits in land allotted le&eled after 3 months of ta4in% possession by the complainantBs society 0P not
liable for any deficiency in ser&ice 6eco&ery could be made from the contractor for earth-fillin% wor4 - 21(.) CPC
*2. #$C$
/Delay in deli&ery of possession of flat due to ne%li%ence of other authorities - Allotment Authority not liable for
delay - 1!!3(2) CPC 1*" @aha$
/,$-$D$A$ is not liable to pay interest on deposits of plot before e9piry of 2 years of allotment - 1!!3(2) CPC 2.)
,r$
--?iability accepted a%ainst " out of 1" complainants situated in similar situation ?iability if accepted 2ua
1 complainants it cannot be denied 2ua four complainants - 2!(2) CPC "* #$C$
/,$-$D$A$ offered to refund deposits of plot under liti%ation - Complainant refusin% to withdraw deposits not
entitled to compensation or interest on deposit - 1!!3(2) CPC 1 Pb$ G ,r$ ,i%h Court
/If the act of a public ser&ant results in harassment to any person such functionary would be personally responsible
for it and not the 1tate - 1!!"(1) CPC 1 1$C$
--1imple denial of recei&in% payment of plot price cannot e9enorate the Allotment Authority from liability - 1!!)(1)
CPC .1" @aha$
!1
Liability of HUDA+PUDA+5DA - Allottee can claim 13: p$a$ interest on deposits if there is undue delay
in deli&ery of possession of plot7flat by ,-DA7P-DA7EDA etc$ - 21(2) CPC ).* #$C$
Liability to refund - 6espondent could not pay balance amount of flat due to enhancement of price of flat
,ousin% 1ociety held liable to refund the residual price to allottee Chandi%arh Administration not liable as it did not
recei&e the deposits - 21(2) CPC *!1 #$C$
License fee - Case of non payment of license fee for sheds allotted by DDA or lac4 of amenities do not come
under the pur&iew of C$P$ Act - 1!!)(2) CPC "*( #$C$
Lift - 8enant demanded use of lift system - ?andlord held liable to compensate the tenant for debarrin% him from
its use - 1!!"(1) CPC !( F$>en%al
Lift defect - Defecti&e lift installed - ComplainantBs wife fell down from lift sustainin% serious in+uries - 0$P$
directed to pay 6s$ *5*5 with !: interest - 2"(2) CPC )(2 @aha$
/0$P$ installed defecti&e lift causin% serious in+ury to complainantBs wife - Directed to pay 6s$ *5*5 with !:
interest - 2"(2) CPC )(" 1$C$
Lift in flat - Complainant fell into pit of lift of apartment owned by his cousin - Complainant not bein% a hirer of
ser&ice cannot be construed as a consumer - 22(2) CPC "3 8$#$
/1tate Commission pro&ided lift in flat after %oin% into e&idence - @ere lac4 of pleadin% on this point does not
ma4e the order erroneous - 2*(1) CPC *!2 #$C$
Lift &ervice - 8enant usin% the lift is a hirer of ser&ice - Complainants5 awarded 6s$ 15*5 as compensation
who died in lift due to ne%li%ence of respondent , 1!!1 CPC ** 8$#$
Limitation Allotment was 4ept intact on %round of payment of initial payment and willin%ness of allottee to
pay the balance enhanced price Complaint cannot be dismissed on %round of limitation - 21(2) CPC ( #$C$
--Impro&ement 8rust e9tended period for application for allotment 0rder of 8rust is in accordance with law -
21(2) CPC .* Pb$ G ,r$ ,i%h Court
Locus standi Complainant sold flat in 2uestion sold with irre&ocable affida&it in fa&our of purchaser
Complainant has no locus standi to continue consumer proceedin%s 2!(1) CPC )* #$C$
Low-lying area - Allotment of plot in low-lyin% area constitutes a deficient ser&ice - 1!!((2) CPC "!1 #$C$
*0C0 water pipes - Complainants house dama%ed due to lea4a%e of sewera%e and water pipe ne%li%ently laid
by @$C$ staff - @$C$ held liable for deficiency in ser&ice - 2.(1) CPC *.! Pb$
*0"050 'lat - De&elopment Authorities should ta4e action a%ainst delin2uent officials whose actions cause
harassment to the allottee consumers - 1!!2 CPC **1 Delhi
*0"050 !ouses - ,ouses allotted with &arious defects - Allotment authority directed to reimburse allottees by
suitable repayment - 1!!3(2) CPC 2(( @$P$
--Allottee raised ob+ection about defect in construction of @IE flat purchased on hire purchase basis with a &iew to
withhold installments 0P not liable for deficiency in ser&ice - 21(2) CPC "!) #$C$
*0"050+H0"050 flats - 8he 2uestion pertainin% to chan%e of cate%ories of house7flat i$e$ @$I$E$ to ,$I$E$5 does
not come under the pur&iew of Consumer Protection Act - 1!!3(2) CPC "(" #$C$
*ala fide eplanation - Courts are e9pected to condone dealy to do substantial +ustice unless e9planation
found to be malafide - 2.(1) CPC *() Eu+$
*anufacturing defect - Crac4s de&eloped in walls of house when Arocone buildin% bloc4s supplied by 0$P$
were used - 0$P$ directed to pay compensation of 6s$ ) la4hs for supplyin% %oods of substandard 2uality - 2((2) CPC
13 #$C$
*ar.et price of plot - A sum of 6s$ .22 was initially deposited for allotment in 1!() Complaint filed in the
year 1!!3 a%ainst non allotment Compensation of 6s$ 15(*5 as mar4et price of plot not +ustified 8otal sum of 6s$
2* held to be ade2uate compensation - 21(.) CPC *1 #$C$
*ason,s wor. - ComplainantBs house dama%ed due to defecti&e construction by mason - Complainant awarded
6s$ (5 as compensation - Hari Ram &$ 0a"a( #in)h, 1!!3(1) CPC 21 ,r$
*atter sub judice - Complainant who was re2uired to complete construction within three years which he did
not do for 13 years - #o relief can be %i&en to him - 1!!2 CPC ))! ,r$
/@atter re%ardin% re+ection of house plan already pendin% in a court - Complaint does not lie under the Act -
1!!"(1) CPC .3 #$C$
!2
*isbe!aviour - Price of immo&able property e&en if increases - >uilder cannot claim ad&anta%e due to increase
in price after sale of property - Interest ; 12: p$a$ on deposited amount and compensation for rou%h beha&ior of its
mana%er awarded - 23(.) CPC 1!1 #$C$
*iscarriage of justice 1tate Commission committed error in treatin% the deleted party as continuin% in
complaint @ista4e led to miscarria%e of +ustice Case remanded for fresh decision 2!(1) CPC 2. #$C$
*isplacement of application - Application for allotment with deposits misplaced in ,-DA office - ,-DA
liable to pay earnest money with 1: interest and cost7compensation of 6s$ )5 - 2)(1) CPC 11 #$C$
*isreading of evidence - 0rder of District 'orum based on misreadin% of ,i%h Court order - 0rder not
le%ally sustainable - 2"(1) CPC .*( Chd$
*ista.e of fact - A party is bound by consent of its counsel %i&en for settlement of a dispute or to enter
into a compromise unless misunderstandin% on part of counsel is duly pro&ed 21(1) CPC )2. -$P$
*odification of order - It is settled law that ori%inal order cannot be modified by District 'orum durin%
e9ecution proceedin%s - Har$ana Ur"an De&elopment Authorit$ &$ #urender #in)h, 1!!!(2) CPC 1.. ,r$
/0ri%inal order of District 'orum cannot be chan%ed by e9ecutin% Court - 1!!!(2) CPC 1. ,r$
*oney transaction - 0P refusin% to e9ecute sale deed of flat despite full payment - 8he plea that it is a case of
money transaction cannot pre&ail - 2.(1) CPC )21 #$C$
*oratorium - @oratorium %ranted for . years on 12$)$22 Construction of house started on 22$)$2)
?iability to pay e9tension fee for the years 2*-) not ceased to e9ist by %rant of moratorium 211(1) CPC ).. #$C$
*unicipal Corporation - Complaint a%ainst faulty draina%e system floodin% complainantBs home - #o
hirin% of ser&ice of @unicipal Corporation pro&ed - 6elief declined - 2.(2) CPC ".. Chd$
/Complaint a%ainst @unicipal Corp$ re%ardin% maintenance of sewera%e system is not maintainable under C$P$ Act
- 1!!((2) CPC "3 #$C$
*unicipal services - @unicipal Corporation failed to %et septic tan4 emptied as per hired ser&ices in time -
Directed to pay 6s$ .5 as compensation with cost - 2"(2) CPC ! 6a+$
*unicipality - A ta9 payer of a @unicipal Committee is not a consumer under the Consumer Protection Act -
1!!. CPC *.( ,r$
--@unicipal Corporation after ha&in% recei&ed the necessary amount is e9pected to pro&ide necessary facilities to the
Colony of ,ousin% 1ociety - 1!!)(2) CPC *1 #$C$
/Complaint a%ainst @unicipality for not dischar%in% statutory obli%ation is not maintainable under C$P$ Act -
1!!((2) CPC (1"
/Complaint a%ainst @unicipality re%ardin% refund of e9cess amount of plan sanction does not lie under C$P$ Act -
1!!!(2) CPC 3( Pb$
/Deficient ser&ice rendered in connection with maintenance of draina%e system by @unicipal Committee -
Complainant held to be a consumer - 6elief allowed - 1!!. CPC "3( ,r$
/Denial of release of water by @$C$ without sound reasons amounts to a deficiency in ser&ice - 1!!!(1) CPC 111
,$P$
/@ere payment of house ta9 does not brin% a @unicipality within consumer +urisdiction - 6elief see4in% repair of
roads declined - 1!!)(1) CPC "2 ,r$
/@unicipal Committees liable to compensate the consumer sufferin% loss due to faulty draina%e - 1!!. CPC )1*
Pb$
/@unicipality cannot be held liable for theft of car from par4in% place - 0nly contractor is liable for loss - 2(1)
CPC 1." Chd$
/@unicipality renderin% limited ser&ices from main pipeline to house of complainant - #ot liable for deficiency in
ser&ice - 1!!((1) CPC 131 Pb$
/1hop leased by @unicipality - #ot constructed in time - Ci&il Court can %rant relief for landlord7tenant dispute -
1!!3(1) CPC "3 ,r$
--@unicipality staff failed to clean septic tan4 despite recei&in% 6s$ 2 consideration - Act of municipality
constitutes a deficiency in ser&ice - 2)(2) CPC (1( #$C$
/1hop room allotted by @unicipality a%ainst payment found to be in unsafe condition - @unicipality is liable for
deficiency in ser&ice - 1!!3(2) CPC 2(. F$ >en%al
/Complaint a%ainst @unicipal Corporation for not maintainin% public drain properly - A resident payin% municipal
ta9 is not a consumer - 2"(2) CPC *( >ihar
!.
/@ere payment of water ta9 does not ma4e a person consumer under C$ P$ Act - @$ C$ not liable for non supply of
water despite connection - 2*(2) CPC "1 -ttaranchal
/@unicipal Corporation %a&e water connection with insufficient water on .rd application - Compensation raised
from 6s$ * to 15 payable by @unicipality - 2*(1) CPC ).3 Delhi
*unicipality,s liability - Drin4in% water supplied by Corporation found to be contaminated resultin% in
+aundice epidemic affectin% 1** persons - Corporation directed to maintain the water wor4s properly and pay 6s$ *5
as compensation to the complainant - 23(.) CPC )! #$C$
*unicipality ta - Complaint re%ardin% irre%ularities in water supply by @unicipality is not maintainable -
@ere payment of property ta9 does not ma4e complainant a consumer - 1!!!(2) CPC "!( -$P$
/Complaint a%ainst wron% collection of water char%es by @$C$ - @atter of ta9 collection not co&ered under C$P$
Act - 2.(1) CPC *") Pb$
*0C0 #a payer - A person does not become a consumer by mere payment of @unicipal Committee 8a9es -
1!!((1) CPC 13) Pb$
20/0"0 quota - Complainant5 not deposited price of plot in forei%n e9chan%e under #6I cate%ory scheme - #ot
entitled to allotment of plot - 1!!!(1) CPC 2.2 Chd$
2atural justice - An order passed at the bac4 of respondent affectin% its ri%ht is a%ainst principles of natural
+ustice - 1!!((1) CPC *31 ,r$
--Consumer 'ora should apply principle of natural +ustice instead of procedural technicalities to impart
+ustice to the liti%ants - 2!(2) CPC 1( #$C$
/C9 parte order passed without pro&idin% opportunity of hearin% - 6ule of natural +ustice &iolated - 1!!!(1) CPC ("
Delhi
--6eduction in plot price by ta4in% unilateral decision by allotment authority 0P directed to pay benefit of reduced
price to complainant with costs for &iolation of rules of natural +ustice 21(1) CPC *" -$P$
/,ousin% society was represented by a person not authorised by any resolution in this behalf - 0rder a%ainst
society is in &iolation of principle of natural +ustice - 2*(1) CPC 2"" Chd$
/,-DA not ser&ed any notice in complaint filed a%ainst it - Case remanded for fresh decision - 1!!)(1) CPC 2)*
,r$
2ecessary eminities - #ecessary amenities of electricity and sewera%e etc$ not pro&ided by P-DA to flat
owner - P-DA held liable for ne%li%ence - 2(2) CPC 2" Chd$
--Pro&idin% of necessary amenities before deli&ery of possession of allotted plot is not conditions precedent 0P not
liable for deficiency in ser&ice - 21(.) CPC 1)) ,r$
--,-DA delayed deli&ery of possession of plot for 2) years nor it pro&ided necessary amenities ,-DA is directed
to pay compensation7cost of 6s$ 1.5 plus 6s$ "5 for escalated price of materials 21(1) CPC *." #$C$
--#ecessary amenities include water5 electricity5 sewera%e and roads etc$ and school5 shoppin% centers and post
office which were pro&ided Cancellation of plot and forfeiture of 1: of deposit +ustified - 2!(2) CPC .(2 ,r$
--Complainants purchased . plots in open auction 8hey cannot be %ranted relief in payment of balance installment
for non pro&idin% essential facilities - 2!(2) CPC *. Pb$
2ecessary facilities De&elopers failed to pro&ide necessary flats allotted to the Complainant7 Association
6elief allowed e9cept on issues triable by ci&il court for committin% %ross ne%li%ence - 21(2) CPC .22 #$C$
2ecessary party - Disputed flat allotted to third party not impleaded in the case - 0nly refund of price with
interest can be allowed - 1!!)(1) CPC 2* #$C$
2o )bjection Certificate - >uildin% in 2uestion situated in commercial Jone - Authorities is bound to %i&e
<#o 0b+ection Certificate= relatin% to Ci&il amenities to the buildin% - 2)(1) CPC )1( #$C$
/,-DA failed to issue <no ob+ection certificate= despite payment of full amount - ,-DA committed a deficiency
in ser&ice - Directed to issue certificate to complainant - 2)(1) CPC (( ,r$
--DDA refused to e9ecute con&eyance deed as allottee failed to produce #0C from financin% institution DDA
committed no deficiency in ser&ice - 21(.) CPC 133 #$C$
--,ousin% >oard ser&ed demand notice of enhanced price of house without reason #otice ri%htly set aside by
District 'orum directin% ,ousin% >oard to issue <#o 0b+ection Certificate= for re%istration 21(1) CPC 2!* ,r$
--Production of #0C on behalf of other co-sharers is not necessary when an applicant applies for allotment under
0ustees 1cheme of allotment 2!(.) CPC 13! ,r$
!"
2on completion of development wor.s Complainant failed to deposit balance of installments due to
non completion of de&elopment wor4s in the area and surrendered the plot 'orfeiture of 1: of the total price by
,-DA does not constitute a deficiency in ser&ice 2!(1) CPC *13 ,r$
2on compliance of order - Appellant made partial compliance of order of Commission All the defects of
house were not remo&ed- Penalty of three months imprisonment with fine of 6s$ 157- upheld - 2!(2) CPC .(( -$P$
--0pposite party deposited 6s$ *55 but failed to deposit title deed of property as directed - 0rdered to be put
behind bars for non-compliance of order - 1!!((1) CPC 2* #$C$
2on construction c!arges - Allottee failed to complete construction of house within stipulated period -
Demand of char%es for non construction by 0P +ustified - 22(2) CPC *(1 Pb$
/?e&y of non construction char%es by P-DA were accordin% to rele&ant re%ulation - 6elief a%ainst P-DA declined
- 2((1) CPC "3) #$C$
--Complainant failed to raise construction despite pro&ision of all basic amenities Complainant held liable to pay
non construction char%es 2!(1) CPC "*2 Pb$
2on construction fee - Kuestion of char%in% non construction fee is not triable by consumer fora - 23(2)
CPC 2"( #$C$
/6e-calculation of non construction fee directed by 1tate Commission and to pay 6s$ 2*5 as compensation by
8rust to the complainant - Awardin% of 6s$ 2*5 compensation is un+ust - 0rder modified - 23(.) CPC 23 #C
/1uch fee cannot be imposed for the period durin% which resumption proceedin%s before allotment authorities are
continuin% - 23(1) CPC 11. Pb$
--Construction on allotted plot not started within mandatory period >asic amenities not pro&ided 0P directed not
to char%e non-construction penalty for the period #o&ember5 22 to #o&ember5 2* 0rder modified 21(1) CPC
*13 #$C$
2on-delivery of possession - P-DA can not be held liable for non-deli&ery of possession when no re2uest
was made by complainant in this re%ard - 2((1) CPC ."3 Pb$
--Amount paid by che2ue Plot not allotted 1old to other persons Complainant entitled to compensation of 6s$
1 lacs and refund of the amount deposited with 1: p$a$ interest with cost Complaint partly allowed - 21(.) CPC
*12 #$C$
2on-payment of balance money - 1tory of complainant that he deposited balance amount throu%h a draft
deposited with cler4 of department5 pro&ed to be false - Cancellation of allotment +ustified - 23(2) CPC 2*" ,r$
2on-payment of installment - After payment of 2*: complainant could not pay balance installment in
time - Cancellation of plot +ustified e&en if sli%ht chan%e is made in terms of allotment - 2((2) CPC 121 #$C$
2on prosecution - Appellant not appearin% due to old a%e and ill health - Appeal dismissed for non prosecution
of the case - 21(1) CPC 1 1$C$
2on-residential premises - 6esidential as well non-residential buildin% come within the pur&iew of
Consumer Protection Act - :anata Auto #ales &$ *adha&i %n&estment and .radin) Pri&ate Ltd., 1!!!(1) CPC .2 Eoa
2otice - Chan%e of site without notice to 1ociety - Authorities liable to compensate the 1ociety - 1!!!(1) CPC 2)
Chd$
2ullity - #o cause of action accrued within territory of @$P$ - 0rder passed by @$P$ 1tate Commission is on
nullity can be i%nored in e9ecution - 2(2) CPC (13 -$P$
2ursing !ome - >oth the 'ora below allowin% e9ecution application directed petitioner70P to implement the
ori%inal order allowin% respondent to chan%e purpose of use of site Impu%ned 0rder warrants no interference in re&ision
211(1) CPC *!. #$C$
)ccupation certificate - A hu%e sum claimed as compensation for non %rant of certificate of occupation of
house - ,u%e claim re2uirin% len%thy e&idence cannot be decided under C$P$ Act - 2.(2) CPC 2"! #$C$
/,-DA a%reed to issue occupation certificate within 1 days of completion of construction - Delay of ) to 3
months - ,-DA directed to pay interest on deposited amount - 1!!!(1) CPC 3) ,r$
)ffer of possession - Fhere allottee does not ta4e possession of plots after offer of possession and not assi%n
any reason then interest will be payable from date of deposit upto date of offer of possession - 2)(2) CPC *)" 1$C$
)ffice inefficiency - Delay of 2 months in filin% appeal due to official procedure - 6eason for condonation of
delay not sufficient - 2(1) CPC (. Pb$
!*
)ffice space boo.ing Complainant paid 6s$ "5"153.37- a%ainst total amount of 6s$ 1)5.*57- for boo4in%
of office space >oo4in% was cancelled on re2uest of complainant 0P can deduct 1: of the total price but interest
could not be deducted 2!(.) CPC .. #$C$
)fficer,s duty - ,i%h 0fficers sittin% in offices are e9pected to ta4e action a%ainst errin% officials for
committin% ne%li%ence in their duties - 2(2) CPC *(1 -$P$
/,i%her officers are duty bound to chec4 the preparation of wron% bills to a&oid harassment to consumers - 1!!.
CPC *!" Delhi
)fficial,s error - Allottees cannot be made to suffer for mista4e of ,$-$D$A$ officialBs such as wron%
demarcation - 1!!!(1) CPC 2"( ,r$
)fficial,s fault - Allottee cannot be penalised for officialBs fault who destroyed draft sent by allottee - 2"(2)
CPC 1"! Pb$
)fficial delay - Delay of )12 days in filin% re&ision petition Procedural delay cannot be made a %round for
condonation particularly when ,-DA has a le%al cell to ta4e a prompt action in dealin% with the cases of allotment
21(1) CPC ).. #$C$
)fficial inefficiency - Delay due to inefficiency of 1tate officials - #ot a sufficient reason for condonation of
delay - 21(1) CPC **! Pb$
)fficial,s liability - Departmental action should be ta4en a%ainst errin% official delayin% the appeal to be
dismissed as time barred - 1!!)(2) CPC "!( Pb$
--0fficers of De&elopment Authority are personally liable5 if deficiency in ser&ice is found due to lapses on their
part - 1!!"(2) CPC ""2 #$C$
)pen auction - An allottee of ,-DA plot held to be a consumer e&en where plot was purchased in open auction
- 2.(1) CPC 2)! Chd$
)pportunity - A complaint should not be dismissed in default when sufficient e&idence is on the record in
support of the case - 'urther opportunity must be pro&ided to complainant - 2(2) CPC 2.! Her$
--An order passed without hearin% an appellant is no order in the eyes of law 0rder of an appeal of ban4 was based
upon order passed on appeal of builders 0rder not le%ally &alid - 21(.) CPC * 1$C$
/C9 parte order passed without pro&idin% proper opportunity to 0P - C9 parte order set aside - Case remanded -
'hie1 Administrator, Har$ana Ur"an De&elopment Authorit$ &$ Harsh 3ardhan #ood, 2.(1) CPC **! ,r$
/C9parte order passed without pro&idin% proper opportunity - Case remanded for fresh decision - Gha!ia"ad
De&elopment Authorit$, Gha!ia"ad thou)ht its 3i+e 'hairman &$ #h. De&inder 0apoor, 22(2) CPC "!* Chd$
/Fithdrawal of offer of allotment without prior notice of demand is a%ainst law - 6state 711i+er, HUDA,
,arida"ad &. :a)mohan, 2((2) CPC 1.3 ,r$
/0rder passed a%ainst ,ousin% >oard without pro&idin% opportunity to pro&e its case - 0rder 2uashed - 1!!)(1)
CPC ." #$C$
--@ere presence in another case not sufficient to presume the ser&ice of notice on a party - 6eal opportunity must be
%i&en to liti%ants - 1!!"(2) CPC .*! Delhi
)ral evidence - Prospecti&e buyer of buildin% after e9ecution of written a%reement of sale alle%ed payment of
total price without documentary e&idence - 0ral e&idence after e9ecution of written a%reement is not admissible - 23(1)
CPC ". 1$C$
)rder - 0rder not based upon merit of the case - Cannot be sustained - 1!!2 CPC ))! ,r$
)rder+decree - District 'orum permitted allottee to remo&e defects of flat lea&in% the 2uantification of the
amount to e9ecutin% court - 0rder not le%ally sustainable as it amounts to a decree - 2)(2) CPC *)3 1$C$
)riginal order - #othin% can be added to or substracted from ori%inal order durin% e9ecution
proceedin%s 21(1) CPC )2) -$P$
)ustee - Complainant entitled to allotment as an oustee under Impro&ement 8rust 1cheme - 8rust directed to allot
plot to complainant - 1!!3(2) CPC 13( Pb$
)ustees allotment - ComplainantBs land was ac2uired for recreational Jone - Allotment to complainant under
Aoustees cate%oryB is +ustified - 2((1) CPC .". ,r$
)ustee,s claim 0ustee applied for one plot of * s2$ yds$ or two plots of 1 marla each Allotment of two
plots is +ustified as )12 4anal 1 marla land of petitioner was ac2uired by ,-DA - 21(2) CPC (2( ,r$
!)
)ustee,s rig!t - An oustee whose land is ac2uired under a De&elopment 1cheme has no ri%ht of allotment as of
ri%ht - 1!!((1) CPC ".2 #$C$
/Complainant had land in her own ri%ht which was ac2uired - Complainant entitled to allotment as oustee e&en if
her husband was allotted another site - Pun(a" Ur"an De&elopment Authorit$ &$ Ba+han 0aur, 2.(2) CPC "*! Pb$
/?and owners whose lands are ac2uired for a colony5 are entitled to allotment of plots as per terms of the Allotment
to 0ustees Policy framed in year 1!3( - Cannot be denied their ri%ht in the name of reasonable classification - Har$ana
Ur"an De&elopment Authorit$ &. 3ipin 0umar, 2((1) CPC .*( ,r$
--Consumer 'ora %ranted relief of allotment to respondents whose land was ac2uired by the petitioner Allotment
made under the 1cheme of allotment thou%h on belated application 0rder of allotment upheld - 21(2) CPC .* Pb$ G
,r$ ,i%h Court
/An oustee is entitled to allotment if permitted by 1cheme in force at the time of ac2uisition - 2*(2) CPC " Pb$
--District 'orum %ranted relief on application of oustee filed before commencement of 0ustees 1cheme of Allotment
Application bein% premature5 Impu%ned order set aside - 2!(2) CPC 2.. #$C$
)ustee,s &c!eme Production of #0C on behalf of other co-sharers is not necessary when an applicant
applies for allotment under 0ustees 1cheme of allotment 2!(.) CPC 13! ,r$
)wners!ip document - Complainant was deli&ered the possession of house - 0wnership documents should
also be supplied to complainant 1!!*(2) CPC ..* @aha$
P0"0L0 - District 'orum cannot %rant in relief on a complaint filed in nature of Public Interest ?iti%ation - 2(2)
CPC *"1 Har$
P0U0D0A0 - P-DA found ne%li%ent in not refundin% the plot price - ,eld liable to pay 13: p$a$ interest on
deposited amount - Cannot be burdened with 6s$ * as compensation 2(1) CPC "3" Pb$
/Kuestion of pricin% of flat by P$-$D$A$ can not be 2uestioned under C$P$ Act as it is not a consumer dispute -
1!!!(1) CPC 1) Chd$
P0U0D0A0 flat - P-DA not deficient in ser&ice for delay in possession where allottee committin% fault in
payment of balance amount - 22(1) CPC 3" Pb$
P0U0D0A0 House - Complainant deposited re2uisite amount for allotment of ,IE house - Petitioner P-DA
directed to pay 1*: interest on deposited amount - 22(1) CPC *.2 #$C$
/8otal price 6s$ 13))* deposited in 1!3( - Possession of house not %i&en - P-DA directed to %i&e possession with
13: interest on deposited price - 2.(1) CPC 1)! Pb$
P0U0D0A0 plot - A Eurudwara had come up on the allotted plot - Alternati&e plot allotted but possession not
deli&ered - P-DA directed to refund the amount with 13: interest, 2.(2) CPC *). #$C$
/A person depositin% necessary amount in response of offer of plots by ,-DA is a <Consumer= - 2"(2) CPC
1"! Pb$
/A plot of ) s2$ yds$ found less by !2$* s2$ yds$on spot - Allottee held entitled to refund of e9cess price paid
alon% with compensation of 6s$ 25 for sufferin% mental a%ony - 2.(2) CPC .( Pb$
/All formalities completed before new price was enforced - Complainant held entitled to allotment an old price i$e$
1" per s2$ yd in place of 6s$ .) per s2$ yd$ - 21(2) CPC *.2 Chd$
--Allotment made in 1!!* at the rate of 6s$ 15" per s2uare yard - 1ubse2uent demand at the rate of 6s$ *5 is
un+ustified - Plot to be allotted on ori%inal price 1!!!(1) CPC ")) Pb$
/Allotment made in 1!!* - Possession delayed for want of production of unnecessary documents by P-DA -
Demand of enhanced price as pre&ailent in 1!!( is un+ustified - Complainant entitled to plot at the price pre&ailin% in year
1!!* - 22(2) CPC *"( Pb$
/Allotment made on the basis of tentati&e price - Demand of increased price by P-DA not un+ustified - 2)(1)
CPC )** 1$C$
/Allotment 1cheme withdrawn by P$-$D$A$ after ha&in% recei&ed earnest money from many applicants - P$-$D$A$
directed to refund the deposits with !: interest per annum - 2*(1) CPC ")( Pb$
/Amount 4ept by P-DA for si9 years without allotment of plot - Directed to refund the deposited amount with
13: p$a$ interest for si9 years - 2(1) CPC "(! Pb$
/Applicant could not be %i&en a plot by allotment by P$-$D$A$ - ,eld entitled to refund of deposits with 1:
interest, 1!!((2) CPC "1" #$C$
/Applicant remained unsuccessful under 1cheme of allotment - Cntitled to refund of deposits with 1: p$a$ interest
after 13 days of closin% of scheme - 2)(1) CPC *1. Pb$
!(
/Application for allotment %i&en period of ser&ice - P$-$D$A$ cannot deny allotment on the %round that applicant
not entitled to allotment after retirement - 2"(1) CPC *2) Pb$
/Area found to be ". 12$ meters less than allotted area - Price to be char%ed as per measurement of area - 2"(1)
CPC 2(( Pb$
/Complainant deposited 6s$ 15 with P-DA but remained unsuccessful in draw of lots - P-DA directed to
refund 6s$ 15 with 1*: interest - 22(2) CPC *2 Chd$
/Complainant failed to ma4e payment of ,$I$E$ house allotted under ,ire Purchase system - P$-$D$A$ not liable
for deficiency in ser&ice - 2.(2) CPC *.3 #$C$
/Complainant remained unsuccessful in draw of lots of plot - 6efund of deposited amount 6s$ 3 with 1: P$A$
interest is ade2uate relief - 2.(1) CPC 12) Pb$
/Complainant was unsuccessful in draw of plots and deposited earnest money was left with P-DA &oluntarily -
P-DA not at fault - Interest reduced from 13: p$a$ to 1: pa$ and cost set aside - 23(.) CPC 21! 1$C$
/ComplainantBs name was included in draw of lots - 'ile lost by Department - Department directed to earmar4 plot
for complainant and pay 6s$ *5 as compensation - 1!!3(2) CPC *( Chd$
--Delay of 1. years in deli&ery of possession - Cscalation fee demanded - P-DA directed to pay 6s$ 25 **5 as
compensation and cost - Asha Rani (#mt.) &$ #tate o1 Pun(a", 21(2) CPC *3. Chd$
/ComplainantBs name was not included repeatedly in the list of draw of lots - P$-$D$A$ directed to allot plot at
ori%inal price with compensation of 6s$ *5 - 1!!!(1) CPC 1(3 Pb$
/Delay of 12 years in allotment of plot - P$-$D$A$ directed to refund deposited amount with !: interest and cost -
2"(1) CPC 2). Chd$
/Delay of 13 years in deli&ery of possession of plot - P$-$D$A$ directed to pay compensation of 6s$ ! lacs with
13: interest - 1!!!(1) CPC .". Pb$
/Delay of 2 years in allotment of plot after payment of price with P-DA - 6espondent directed to allot one Hanal
plot to complainant with immediate effect - 1!!((1) CPC 1!2 Chd$
/Delay of . decades in deli&ery of possession of plot - ,u%e amount of interest paid on balance instalments by
allottee - 0$P$ directed to refund total amount of interest with 6s$ *5 as compensation - 2"(1) CPC 232 Pb$
/Demand of 1: P$A$ interest on balance amount without %i&in% possession of plot - Demand of interest by P-DA
un+ustified - 22(2) CPC *. Chd$
/Deposit made in connection with demand sur&ey - #o ri%ht is created for allotment of plot 6efund with 1:
interest allowed - 2*(1) CPC )2 Chd$
/District 'orum directed P$-$D$A$ not to char%e enhanced price of flat basin% its order on a +ud%ment deli&ered by
#$C$ - 0rder upheld - 2*(2) CPC (* Chd$
/Draw of lots of P-DA plot delayed due to pendency of Frit Petitions - P-DA is not liable for deficiency in
ser&ice - 1!!((2) CPC 3 #C
/Cntire amount paid - >asic amenities not pro&ided to allottee - P$-$D$A$ directed to pro&ide amenities and pay
1*: interest on deposits with 6s$ *5 as compensation - P.U.D.A., 2"(1) CPC *2( Pb$
/C9cess amount was char%ed from complainant by P-DA on account of wron% calculation - P-DA directed to
refund e9cess amount with ): interest - 2)(1) CPC *. Chd$
/'ull price paid as per terms of a%reement between complainant and P-DA - Demand of additional amount by
P-DA before e9ecution of sale deed un+ustified - 2((2) CPC .3 #$C$
/?e&y of non construction char%es by P-DA were accordin% to rele&ant re%ulation - 6elief a%ainst P-DA declined
- 2((1) CPC "3) #$C$
/#ecessary amenities of electricity and sewera%e etc not pro&ided by P-DA to flat owner - P-DA held liable for
ne%li%ence - 2(2) CPC 2" Chd$
--#on deli&ery of possession of plot - P-DA cannot demand of interest on balance amount - 22(2) CPC )2( Chd$
/#o house was allotted for 3 years despite deposit of earnest money - P-DA directed to allot house on ori%inal
price to complainant and pay 6s$ ** as enhanced cost of construction - 21(1) CPC ! Pb$
/0ri%inally P$-$D$A$ a%reed to allot a plot at the rate of 6s$ *2 per s2uare yard - Demand of 6s$ 15" per s2uare
yard in the letter of allotment is ille%al - 1!!!(1) CPC "( Pb$
/Plot offered at the rate of 6s$ 3* per 12uare Pard - Draft of 6s$ "5 sent but it was lost in P$-$D$A$ 0ffice - 6ate
re&ised at 6s$ .5(* per 12$ Pard - Complainant entitled to allotment at 6s$ 3* per s2uare yard - 2"(2) CPC 1"! Pb$
/Price of P$-$D$A$ plot as 2uoted e9ceeded pecuniary +urisdiction - >ut relief claimed was much below 6s$ * lacs -
Complaint falls under pecuniary +urisdiction of District 'orum - 1!!!(2) CPC )33 Pb$
/P$-$D$A$ authorities ha&e a ri%ht to chan%e the policy of allotment and to re&ise the reser&e price - -nsuccessful
candidate allowed refund of deposit with ): interest - 2*(1) CPC . #$C$
!3
/P$-$D$A$ can be burdened with 12: per annum interest on deposits payable only from date of draw of lots -
2(1) CPC 13) Chd$
/P$-$D$A$ can not be held liable for non-deli&ery of possession when no re2uest was made by complainant in this
re%ard - 2((1) CPC ."3 Pb$
/P$-$D$A$ delayed deli&ery of possession within stipulated period of . days - Allottee held entitled to 1*:
interest on deposited amount with cost - 23(2) CPC "3! #$C$
--P$-$D$A$ could not deli&er possession of plots due to order of status 2uo passed by the ,i%h Court 6elief in
interest for delayed possession un-warranted 2!(.) CPC !2 1$C$
/P$-$D$A$ delayed possession of plot for ) years5 see4in% clarification about forei%n currency from 6>I - P-DA
directed to deli&er possession within 2 months at ori%inal price - 1!!!(2) CPC )* Chd$
/P$-$D$A$ detained 6s$ 25 of complainant for ( years without allotment of plot - Directed to refund 6s$ "5 -
Pun(a" Ur"an Plannin) and Ur"an De&elopment Authorit$ &$ #uresh 0umar, 1!!3(2) CPC "1 Pb$
/P$-$D$A$ failed to offer deli&ery of possession within reasonable period - Directed to refund amount of interest
char%ed on balance instalments with 12: p$a$ interest - P.U.D.A. throu)h its 6state 711i+er &. #hri :ones *asih Bhatti5
2)(2) CPC *3) Pb$
/P$-$D$A$ is entitled to forfeit 1: of consideration money includin% interest and other amount for non-payment
of installments in time - Interest amount cannot be e9cluded - PUDA &. *u4and Lal, 2)(2) CPC .(. Pb$
/P$-$D$A$ 4ept re%istration fees of complainant for si9 years without +ustification - Directed to pay 13: interest on
deposits - 21(2) CPC * Chd$
--P$-$D$A$ not liable for deficient ser&ice for simply delay of two or two and a half years in deli&ery of possession -
2"(2) CPC .3* Chd$
/P$-$D$A$ refunded amount deposited for allotment after ) years 3 months - ,eld5 liable to refund deposits with
13: interest e9cludin% 2 years period - 1!!3(2) CPC 3 Chd$
/P$-$D$A$ retainin% amount paid for re%istration fee of flats - Payment of 13: P$A$ on deposits upheld - 21(1)
CPC )3) Chd$
/1C0 for 6s$ 215125"3 allotted - #ecessary facilities nor pro&ided in area - Complainant entitled to 13: p$a$
interest on deposits and 6s$ 235 as cost and compensation with facilities - 2.(1) CPC 2) Chd$
/8ransfer of plot in name of subse2uent transferee allowed by ,ousin% >oard after recei&in% payment - P$-$D$A$
its successor is bound to sanction transfer of plot in the name of transferee - 1!!!(1) CPC "). Pb$
/-ndue delay in deli&ery of possession of plot after payment - P-DA directed to pay interest on deposits at the rate
of 12: upto date of offer of possession - 21(2) CPC .1. Chd$
/-ndue delay in deli&ery of possession of plot - P-DA directed to pay 13: interest on earnest money with cost of
6s$ * - 2.(1) CPC 2)* Chd$
/-ndue delay in deli&ery of possession on fri&olous %rounds - P-DA directed to %i&e immediate possession with
compensation of 6s$ one lac and costs - 2(2) CPC *!2 Pb$
/-ndue delay in deli&ery of possession - P-DA directed to pay 12: interest on deposited amount - 22(2) CPC
2.! Chd$
P0U0D0A0 plot construction - Complainant was allowed period for construction by ma4in% payment of
6s$25(!5* after an underta4in% - Complainant cannot claim refund of fee with the plea that payment was made under
duress - 2((1) CPC *"( Pb$
Paper possession - ,-DA cannot be restrained from char%in% interest on balance money by raisin% a plea that
possession was deli&ered only on paper and not in actual terms - 23(1) CPC *12 #$C$
Par.ing space - A car par4in% space cannot be treated as a separate contract when contract is made for purchase
of a whole flat - 1!!)(1) CPC 1( #$C$
--Denial Purchase of two built up flats of )* s2$ ft$ each 6espondent entitled to at least one par4in% space under
clause 1 of >uildin% bye-laws Petitioner dismissed with costs 2!(1) CPC *)) #$C$
--1tate Commission directed builders to pro&ide permanent par4in% space by char%in% re2uisite payment as per
buildin% byelaws 0rder upheld 2!(.) CPC 3( #$C$
Paucity of funds - #ecessary amenities not pro&ided due to paucity of funds as allottees were in arrears -
,ousin% >oard not at fault - 1!!((2) CPC )! #$C$
Payment of "nterest - Allottee failed to pay enhanced amount to Impro&ement 8rust for non-deli&ery of
possession - Payment with 1): interest and deli&ery of possession was ordered - 2)(2) CPC 1. Pb$
/Amount refunded by 0P a welfare or%anisation runnin% on <no profit loss basis= in cases of allotment -
Complainant cannot be %ranted any interest on refunded amount - 2)(2) CPC 1*! #$C$
!!
/An Authority made undue delay in deli&ery of possession -Directed to pay 12: interest on deposited amount -
2"(2) CPC 1*2 #$C$
/Complainant allottee depri&ed of a part of land despite payment of its price - ,ousin% >oard directed to pay 1:
interest on the price - 21(1) CPC 2.* -$P$
/Complainant was held entitled to allotment of alternati&e plot on ori%inal price with compensation of 6s$ 153*5
Interest at the rate of 13: also allowed in appeal - 22(2) CPC ))1 #$C$
/Delay in payment of balance installment5 allottee liable to pay interest on balance amount - 2"(2) CPC )! 6a+$
/Delay in possession of plot due to land ac2uisition proceedin%s - Authorities not liable to pay interest on deposit -
1!!)(2) CPC " 1$C$
/Delay of 1-172 years in possession of flat - Complainant held entitled to 13: interest on deposits with cost -
22(2) CPC )*! #$C$
/Delay of *7) years in deli&ery of allotted house - Allottee held entitled to 13: interest on deposit - 2(2) CPC
(12 -$P$
/'ull payment of ,IE house made in 1!!2 but possession was %i&en in 1!!) - Complainant held entitled to 13:
p$a$ interest on deposits - 2.(1) CPC 11! #$C$
/,-DA Authorities delayed deli&ery of possession for * years - Allottee held entitled to 1*: interest on the
deposits - 1!!*(2) CPC 2". ,r$
/,-DA is not liable to pay interest on earnest money if delay in refund thereof is due to administrati&e e9i%encies
and not on account of mala fide - 1!!((1) CPC *)! 1$C$
/Payment of interest on amount deposited with ,ousin% >oard as per terms of its circular - 0rder upheld - 2((2)
CPC )!" #$C$
--Payment of installments delayed Payment of interest cannot be remitted otherwise resources of 1tate
Public pro+ect would be e9hausted 21(1) CPC 1!3 Pb$
/1tate Commission directed possession of house on payment of 6s$ .5)35!." - Allottee directed to pay 12: interest
also from the date of allotment on petition of ,ousin% >oard - 2)(2) CPC 2.( #$C$
/-ndue delay in deli&ery of possession of house - >oard directed to pay *: p$a$ interest on deposited amount -
2)(2) CPC ".! #$C$
/-ndue delay in deli&ery of possession of house - 0P directed to pay 1)$*$: interest on deposited amount -
2.(1) CPC 22! #$C$
/Fhere allottee does not ta4e possession of plots after offer of possession and not assi%n any reason then interest
will be payable from date of deposit upto date of offer of possession - 2)(2) CPC *)" 1$C$
Payment to agent Complainant made payment of balance amount to a%ent actin% on behalf of builder
>uilder is bound by act of his a%ent Directed to issue #0C and e9ecute con&eyance deed - 21(2) CPC "1. #$C$
Payment under protest - Complainant was allowed period for construction by ma4in% payment of
6s$25(!5* after an underta4in% - Complainant cannot claim refund of fee with the plea that payment was made under
duress - 2((1) CPC *"( Pb$
Penal amount - #o penal amount can be char%ed from allottee when possession is unduly delayed - 2.(2)
CPC .( Pb$
Penal costs - ,-DA continued liti%ation on fictitious %rounds 4eepin% due allotment pendin% e&en in &iolation
of order of Ape9 Court - ,-DABs appeal dismissed with cost of 6s$ 1 lac with direction of allotment to respondent -
23(1) CPC "1" Pb$ G ,r$ ,$C$
Penal interest - Demand of 2: penal interest is ille%al when Allotment Authority delayed possession for !
years- Ar&inder 0aur (#mt.) &$ %mpro&ement .rust, Ludhiana, 1!!!(1) CPC ".( Pb$
--Delay of . days in payment of balance amount of booth on account of Anti @andal A%itation - Imposition of penal
interest amounts to deficiency in ser&ice - Har$ana Ur"an De&. Authorit$ &$ *anish .ri4ha, 1!!((1) CPC *( ,r$
/Penal interest on delayed payment cannot be demanded when Authorities failed to %i&e possession in time -
1!!!(1) CPC ".( Pb$
--Complainant deposited *: amount with 0P but possession was not deli&ered as alle%ed 0P had sent two letters
offerin% deli&ery of possession 0P cannot char%e penal interest on balance amount as ma+or amount remained with 0P -
2!(2) CPC .32 -$P$
Penalty Appellant made partial compliance of order of Commission All the defects of house were not
remo&ed- Penalty of three months imprisonment with fine of 6s$ 157- upheld - 2!(2) CPC .(( -$P$
1
--Demand of additional sum for allotted price as per terms of brochure and demand of petty amount for delayed
installment is not ille%al 21(1) CPC * -$P$
--Imposin% of penalty of 6s$ * per day if alternati&e plot not allotted within . days held to be un+ustified -
1!!!(2) CPC 223 #$C$
/Imposin% of penalty of 6s$ * per day if alternati&e plot not allotted within . days held to be un+ustified -
1!!!(2) CPC 1( #$C$
/Imposin% penalty for non-constructions of buildin% by mar4et committee cannot be 2uestioned under CP Act -
23(2) CPC 1! #$C$
/Penalty of 6s$ 15 per day imposed for deficiency in ser&ice - Penalty bein% on hi%her side cannot be sustained
- 1!!((2) CPC )1" #$C$
Penalty amount $ District 'orum directed ,-DA to refund petty amount of interest amount to 6s$ .(".$* on
reasonable %rounds 0rder +ustified - 21(.) CPC *1" #$C$
Penalty clause - Demand of penalty and e9tension fee for non- construction of house in time as per instructions
not supported by Act or 6ules - 8rust directed to refund the amount - 1!!!(2) CPC *.( Pb$
Penalty+interest - ,ousin% >oard cannot be e9pected to harass its allottees by demandin% e9cessi&e interest
and penal char%es - Ra(asthan Housin) Board &. 5o)ender #in)h Pundir, 2"(2) CPC .)) 6a+$
Penalty notice - Challen%e to penalty notice without assailin% main order is not permissible - 23(1) CPC 3!
,r$
Pendency of civil suit - Ci&il suit on the same sub+ect pendin% between the parties - Complaint under C$P$ Act
is not maintainable - 22(1) CPC 1!3 #$C$
Period for interest - Allottee of ,-DA plot is liable to pay interest on the balance price e9cept for the period
precedin% the deli&ery of possession - 21(.) CPC !1 #$C$
Person - A cooperati&e society bein% an entity comes under the definition of a person - 23(2) CPC .3. #$C$
--Person includes a Company or association or body of indi&idual and are consumers under the Consumer Protection
Act - 1!!((1) CPC 1.. #$C$
Personal liability - P-DA officials directed to %i&e sewera%e connection in prescribed period If connection is
not %i&en in time senior officials should be held personally liable 21(1) CPC 1!3 Pb$
Pipeline damage - ComplainantBs house dama%ed by pipeline of water due to its clo%%in% - Complainant is
entitled to recei&e compensation from the department - 23(1) CPC *!3 #$C$
Plan - 6e+ection - ,ouse plan re+ected bein% &iolati&e of rules - Deficiency in ser&ice not pro&ed - 1!!*(1) CPC
11! 8$#$
Plan sanction - ,$-$D$A$ delayed sanction of house plan resultin% in price of material- 1anction of plan ordered
- Har$ana Ur"an De&elopment Authorit$ &$ 0.R. Bathala, 1!!3(1) CPC )1( ,r$
Pleading - Plea of fraud in cases of allotment not raised before District 'orum - Cannot be raised first time in
re&ision - 21(2) CPC .*( #$C$
--'ora should %i&e relief on all points raised in the pleadin% unless it is shown that complainant has not pressed all
the pleas Case remanded for fresh decision 2!(1) CPC ** #$C$
--Plea not raised before 1tate Commission5 cannot be allowed to be raised first time in re&ision petition
21(1) CPC *"2 #$C$
Plot allotment - Complainant could not be allotted desired plot as land under the 1cheme was not %i&en by
Eo&ernment - Case of deficiency in ser&ice not established - 1!!*(1) CPC . @$P$
/Complainant denied possession of plot for * years - ,eld entitled to alternati&e plot as the ori%inal plot was
occupied by a s2uatter5 with compensation of 6s$ * - 1!!"(1) CPC 21) Pb$
/Complainant was %i&en alternati&e plot a%ainst his Fill - Demand of difference in price by authorities is ille%al -
1!!)(2) CPC "( #$C$
/Complaint re%ardin% delay in possession much after acceptance of possession by allottee - Complainant not
maintainable - 1!!((2) CPC 1*" ,$P$
/Corporation failed to refund deposited amount e&en after cancellation of plot5 directed to refund deposits with !:
p$a$ interest - 2)(1) CPC 23) Pb$
/#o promise was made by the Impro&ement 8rust to allot plot to e&ictee of ac2uired land - Deficiency in ser&ice
for non allotment not pro&ed - 1!!"(1) CPC 2*. #$C$
11
/0rder of District 'orum in allotment of plot found to be +ust - Interference in appeal declined - 1!!"(1) CPC 22!
-$P$
/6eduction in area of plot by the De&elopment Authorities is not +ustified - 6elief allowed - 1!!"(1) CPC 2. -$P$
/6espondent unable to deli&er possession of the allotted site after recei&in% price of the same - Complainant
entitled to refund of price with 1*: interest - 1!!2 CPC ".! Delhi
Plot at old price - Delay of 1 years in %i&in% possession of plot to allottee - ,-DA directed to allot
alternati&e plot at old price - 1!!((1) CPC *3 ,r$
Plot auction - Delay in deli&ery of possession of property purchased in auction - @atter not co&ered by
consumer +urisdiction - 1!!"(1) CPC 2!" Delhi
/#o relief can be %ranted under the Consumer Protection Act where plot in dispute was purchased in auction -
1!!"(1) CPC 2!" Delhi
/Complaint re%ardin% a plot purchased in auction is not maintainable - 1!!*(1) CPC .1 Delhi
/Possession of plot purchased in auction was delayed - @atter does not come under the pur&iew of consumer
+urisdiction - At the most it is matter of breach of contract - 1!!3(2) CPC ".) Pb$
Plot cancellation - 8wo plots under %eneral 2uota and employees 2uota 0ld plot surrendered 0ther
cancelled due to technical ob+ection ,-DA directed to allot plot under employees 2uota 2!(1) CPC ))2 1$C$
Plot price - All formalities completed for plot allotted in 1!!* - Price enhanced in 1!!( from 6s$ 1" to .)
per s2$ yd$ - Allottee entitled to allotment at 6s$ 1" per s2$ yd$ - 2(2) CPC *!2 Pb$
/Allottee a%reed to pay enhanced price of 6s$ ! per s2$ yd$ - Payment at rate of ori%inal price cannot be allowed -
2)(1) CPC 1"1 -ttaranchal
/An alternati&e plot should be allotted at the same price which was char%ed for ori%inal plot - %ndu Bhard2a(
(#mt.) &$ Har$ana Ur"an De&elopment Authorit$, 1!!3(2) CPC 2"" ,r$
/Complainant accepted allotment of bi%%er plot with additional price - 0P not liable for deficiency - Gur&inder
#in)h #aini &$ *ana)in) Dire+tor, Pun(a" #mall %ndustries & 68port 'orporation Ltd., 22(2) CPC .*3 Chd$
/'actor of pricin% of a plot does not come under the pur&iew of the Consumer Protection Act - 1!!*(2) CPC 21
#$C$
--6eduction in plot price by ta4in% unilateral decision by allotment authority 0P directed to pay benefit of reduced
price to complainant with costs for &iolation of rules of natural +ustice 21(1) CPC *" -$P$
--Complainant accepted allotment of alternati&e plot without any protest re%ardin% its price Cntitlement of
allotment at old price cannot be accepted 21(1) CPC 2.* ,r$
/,-DA cannot char%e floatin% price of the alternati&e plot if allottee is not at fault - 22(1) CPC "2. ,r$
/Increase in price in &iolation of a%reement held to be ille%al - 1!!"(2) CPC *! ,r$
/Possession of ori%inal plot could not be %i&en to complainant - ,eld5 entitled to alternati&e plot on ori%inal price -
1!!3(1) CPC !) ,r$
/Pricin% cannot be determined by Consumer 'ora - 21(2) CPC *23 Chd$
/P-DA delayed possession of plot for ) years5 see4in% clarification about forei%n currency from 6>I - P-DA
directed to deli&er possession within 2 months at ori%inal price - 1!!!(2) CPC )* Chd$
/Kuestion of pricin% or plot cannot be ad+udicated on by Consumer 6edressal A%encies - 1!!)(2) CPC *!( #$C$
/8here should be no difference in price of plots allotted to two sabhas created for similar ob+ects - Har$ana Ur"an
De&elopment Authorit$ &$ Dr. B.R. Am"ed4ar #a"ha, 2(1) CPC .). ,r$
Plot sale - Contract for sale of a plot - 6efusal to e9ecute sale deed not a consumer dispute - 1!!3(2) CPC 2
F$>$
Plot transfer - Intricate 2uestion of law in transfer of plot in&ol&ed - Ci&il Court is the proper 'orum to decide
the matter - 22(1) CPC ".( Chd$
Plots - Allottees not deli&ered the possession of plots due to non sanction of plan - PromoterBs held liable for
deficient ser&ice - 1!!*(1) CPC 2" 8$#$
Possession - Complaint re%ardin% delay in possession much after acceptance of possession by allottee -
Complaint not maintainable - 1!!((2) CPC 1*" ,$P$
/Delay of four months in possession of site - 0$P$ not liable for deficiency in ser&ice - 2"(2) CPC )* Chd$
/Deli&ery of possession one year after stipulated period is unreasonable and amounts to deficient ser&ice - 1!!((2)
CPC 1!2 ,$P$
--If P-DA5 after recei&in% 2*: price of plot failed to deli&er its possession5 allottee is entitled to recei&e interest ;
12: p$a$ 21(1) CPC 1!3 Pb$
12
/@ere delay of . years in offer of possession does not entitle allottee to stop payment of balance amount - 23(1)
CPC 1* ,r$
/P$-$D$A$ not liable for deficient ser&ice for simply delay of two or two and a half years in deli&ery of possession -
Bal2inder #in)h &. Pun(a" Ur"an De&elopment Authorit$, 2"(2) CPC .3* Chd$
/6i%hts of allottee is not wiped out by %ettin% possession of flat or house - Bharat Bhushan &. 'handi)arh Housin)
Board, 2"(2) CPC ). Chd$
/-ndue delay in deli&ery of possession of allotted house - Constitutes a deficiency in ser&ice - 1!!)(2) CPC )(*
,$P$
Possession of flat $ Delay in deli&ery of possession of flat is no %round to compensate the allottee where time
is not essence of contract 6elief ri%htly declined by fora below 2!(.) CPC (23 #$C$
--Possession of flat not deli&ered despite payment of substantial amount - 0P directed to refund the amount with
12: interest - 2((1) CPC "31 #$C$
/Possession of one flat was deli&ered but amount of 2 la4h paid subse2uently was not refunded nor spent of first
flat - 0P liable to refund the amount with interest - 2((1) CPC ""* #$C$
/-ndue delay in deli&ery of possession which was not deli&ered within stipulated period - 6espondent directed to
pay compensation by way of 13: interest on deposit - 22(2) CPC "2) #$C$
/-ndue delay of deli&ery of possession of flat despite full payment - >uilders directed to pay 6s$ 1 lac with 1*:
interest - 22(2) CPC 23* #$C$
Possession of plot - Possession of plot not %i&en e&en after ma4in% full payment - Impro&ement 8rust directed
to deli&er possession alon% with compensation of 6s$ *5 with 13: interest - 1!!((2) CPC .1) Pb$
--8ime of one and half year in deli&ery of possession under <8at4al fee= scheme does not constitute any deficiency in
ser&ice - 21(.) CPC .(! #$C$
Practice and Procedure - President appended the date below his si%nature while the member had not
mentioned the same - 0rder is not in &iolation of rule "(!) of ,aryana Consumer Protection 6ules 2" - 2((1) CPC
.". ,r$
/1ub+ect matter of complaint e9ceedin% pecuniary +urisdiction - Proper course is to return the complaint to be
presented to a proper 'orum without passin% final order - 21(1) CPC 12) Her$
--Complaint filed a%ainst 0P for chan%in% area and price of plot - Consumer 'orum is competent to decide the
matter in &iew of procedure laid in section 1. of the Act - 2((1) CPC ..! #$C$
Practice+procedure Consumer 'ora should act upon principle of natural +ustice instead of procedural
technicalities to impart true +ustice - 2!(2) CPC 1( #$C$
Precedent - 8he specious plea that norms laid down by Ape9 Court on pricin% of plea are not applicable cannot
be accepted - 23(1) CPC .*2 #$C$
Preliminary )bjection - 0b+ection of +urisdiction and compensation etc$ without any substantial e&idence
can not be sustained - 1!!. CPC 1*1 ,r$
Premature application - District 'orum %ranted relief on application of oustee filed before commencement
of 0ustees 1cheme of Allotment Application bein% premature5 Impu%ned order set aside - 2!(2) CPC 2.. #$C$
Prevailing price - Alternati&e plot allotted to complainant after he surrendered the earlier one - EDA is entitled
to %et pre&ailin% price of second plot without payment of interest on deposited amount 2!(1) CPC (1! 1$C$
Price escalation - ,ousin% >oard increased .: price a%ainst increase of 1: as a%reed - >oard directed to
refund the e9cess price - 1!!!(1) CPC 13 @$P$
Price of flat - Alternati&e flat allotted at re2uest of allottee - Allotment Authorities +ustified to char%e price on
the basis of its policy - 2*(1) CPC )(( #$C$
--Price re-determined in ?PA whose complainant was not a party ?PA +ud%ement not bindin% upon allottee
complainant 2!(1) CPC "". #$C$
/Increase in price of flat three times without any reason - E$D$A$ directed to pay compensation of 6s$ 25 with
12: interest on deposit - 2*(2) CPC 2*) Delhi
--Determination of final price of flat does not come within the ambit of CP Act - 21(2) CPC .3 #$C$
/0ri%inal flat allotted in 1!!1 - Alternati&e flat offered in 1!!" - Allottee can be char%ed the same price at which
ori%inal flat was allotted - 22(1) CPC 2(! #$C$
/Kuestion of pricin% of flat cannot be decided under C$P$ Act - 2"(2) CPC "12 Chd$
/Kuestion of pricin% of flat does not come under the pur&iew of Consumer Protection Act - 1!!)(1) CPC 1* #$C$
1.
/Kuestion of pricin% of flat does not come within +urisdiction of Consumer 'ora - 23(1) CPC *!! #$C$
/8ime share purchase - Complaint pertainin% to fi9ation of price of a flat or time share does not come within the
ambit of consumer a%encies - 6elief declined - 2*(2) CPC "!" Chd$
Pricing of flats+!ouses - Kuestion of fi9ation of prices of flats comes within the definition of ser&ice and is
triable by Consumer Authorities - 23(1) CPC 2. 1$C$
Price of !ouse - Allottee cannot insist for allotment for price pre&ailin% at the time of re%istration of his name
for allotment - 1!!"(1) CPC )3* #$C$
/Consumer 'ora cannot decide 2uestion of pricin% of house under C$P$ Act - 2)(2) CPC ".! #$C$
/Pricin% policy of ,ousin% >oard cannot be challen%ed under the Consumer Protection Act - 1!!*(1) CPC 1 #$C$
/1e&eral deficiencies alle%ed in complaint - Dismissal of complaint on 2uestion of pricin% alone is improper -
22(2) CPC 23" #$C$
--Allotment authority cannot raise tentati&e cost when no additional compensation has been paid to ori%inal
landowner whose land has ac2uired - 2!(2) CPC 2!2 #$C$
--Diolation of terms of allotment by De&elopment authority - Kuestion of pricin% is no e9cuse where e9ecution of
sale deed is bein% denied - 22(2) CPC !( #$C$
Price of plot - Allottees not entitled to raise the 2uestion of pricin% of flats or plot under the Consumer
Protection Act - 1!!*(1) CPC .1 #$C$
--0ri%inal allotment with concessional rate made in 1!3! and then in 1!!. but opportunity not a&ailed Allotment
; 6s$ 1" per s2$ yd$ +ustified Payment of simple rate of interest on balance ri%htly ordered by 1tate Commission
0rder upheld - 21(.) CPC .. #$C$
/Consumer fora cannot %o into the 2uestion of escalation of cost of flat as it is a 2uestion of pricin% - 2.(2) CPC
23. #$C$
/Cost of plot is not a determinin% factor for +urisdiction of 'ora - It is &alue of relief which is to be considered -
2.(2) CPC )1 #$C$
--Draw of plots too4 place in 1!!* but actual allotment made in 21 Price of plot pre&alent in 21 and not in
1!!* can be char%ed from allottee 2!(.) CPC .(* Pb$
/Delay in issuance of letter of allotment due to ne%li%ence of P-DA - Pre&ailin% prices at the date of allotment
should be ta4en into consideration - 21(1) CPC 1." #$C$
/,-DA demandin% hi%her price of plot allotted in a sector not of allotteeBs choice - Possession not deli&ered -
Demand un+ustified - 22(1) CPC .)! #$C$
/It is not within the +urisdiction of Consumer 'ora to decide the 2uestion of price of a plot under the Act - 2(1)
CPC *") Pb$
/Possession of plot could not be deli&ered due to liti%ation - Complainant entitled to allotment of alternati&e plot at
ori%inal price - 1!!!(2) CPC )") Chd$
/Price of plot should not be more than price of ad+oinin% plot - Authority directed to pay 6s$ *5 as compensation
- 2(2) CPC 13 Chd$
/Pricin% of plots or houses cannot be %one into by Consumer 'orum - 1!!)(1) CPC !3 #$C$
/Kuestion of pricin% of plot allotted by ,-DA cannot be %one into under the C$P Act - 22(2) CPC (( #$C$
/Kuestion of pricin% of plot cannot be %one into under the C$P$ Act - 1!!((2) CPC 2( ,$P$
Pricing - Complainant acceptin% deli&ery of possession &oluntarily after e9piry of stipulated period - #ot entitled
to raise 2uestion of price - 2(2) CPC ") Chd$
/Consumer 'ora cannot ad+udicate upon the price of a house under C$P$ Act - 2(2) CPC "*1 -$P$
/Consumer 'ora cannot %o into 2uestion of pricin% of plot - Nurisdiction barred - 22(1) CPC ). Chd$
/Consumer 'ora cannot %o into the 2uestion of pricin% of house - 22(2) CPC ")* #$C$
/Consumer 'orum cannot %o into 2uestion of pricin% of plot but can ensure obser&ance of the terms of offer7sale -
2.(1) CPC .1( #$C$
/It is settled law that fi9ation of price of a flat or plot is not within the +urisdiction of Consumer A%encies - 1!!*(1)
CPC *) #$C$
/Price of plot fi9ed by 1tatutory Authority - Consumer +urisdiction is barred - 23(1) CPC ")1 #$C$
/Pricin% of flat by ,ousin% >oard or builders is not a consumer dispute - 1!!*(2) CPC *!3 #$C$
/Pricin% of flats cannot be ad+udicated upon under C$P$ Act - 1!!*(2) CPC ""1 #$C$
/Pricin% of house cannot be challen%ed under the Consumer Nurisdiction - Har$ana Housin) Board, 'handi)arh &$
#h$am #under #in)hal, 1!!3(2) CPC 2.2 ,r$
/Pricin% of houses cannot be ad+udicated upon by the Consumer 'orums - 1!!*(2) CPC 11 #$C$
1"
/Pricin% of houses cannot be decided under C$P$ Act - 1!!)(2) CPC )(* ,$P$
/Pricin% of land7plot cannot be ad+udicated on by Consumer 'ora - ,ousin% Authorities can determine the same -
1!!)(2) CPC ." #$C$
/Pricin% of plot cannot be ad+udicated on by Consumer A%encies - 1!!((2) CPC 1!2 ,$P$
/Pricin% policy of flat of ,ousin% >oard cannot be challen%ed under the Consumer Protection Act - 1!!)(2) CPC
21 #$C$
/Kuestion of pricin% and measurement of Plot does not come under the ambit of consumer +urisdiction - 1!!!(2)
CPC *11 #$C$
/Kuestion of pricin% of allotted house cannot be decided under C$P$ Act - 2(2) CPC ")2 Delhi
/Kuestion of pricin% of flat by P$-$D$A$ can not be 2uestioned under C$P$ Act as it is not a consumer dispute -
1!!!(1) CPC 1) Chd$
/Kuestion of pricin% of flat cannot be decided under C$P$ Act - 22(2) CPC 1" #$C$
/Kuestion of pricin% of house cannot be decided by Consumer 'orum - 2"(2) CPC )! 6a+$
/Kuestion of pricin% of plot cannot be decided by Consumer 'orums - 1!!)(2) CPC )11 ,r$
/Kuestion of pricin% of plot7flat cannot be decided by Consumer 'ora - 1!!((2) CPC )! #$C$
/8he specious plea that norms laid down by Ape9 Court on pricin% of plea are not applicable cannot be accepted -
23(1) CPC .*2 #$C$
Pricing and interest - Kuestion of pricin% and interest on enhanced price of plot cannot be decided by
Consumer 'orum under C$P$ Act - 1!!3(1) CPC 2(! 8$#$
Privity of contract 'ora below passed order %rantin% relief to the complainant directed 0P #os$ . to * who
had ne&er entered into an a%reement with complainants 0P #os$ 1 and 2 had a%reed to complete the construction but
failed - 0P #o$ 1 and 2 are liable and not 0P #o$ . to * on the basis of pri&ity of contract rule 211(1) CPC .() #$C$
Procedure - 1tate Commission Committed a mista4e holdin% that impu%ned order was passed by two members
without the +unction of the President who actually passed dissentin% order - Impu%ned 0rder set aside - 1!!((2) CPC **2
#$C$
/Principles of 1ection * of ?imitation Act s2uarely %o&erns 1ection 1* of the Consumer Act - 1!!1 CPC 2!* ,r$
/A complaint sent by post cannot be dismissed without notice to complainant - %nder Lal Bham"ri &$ .he 6state
711i+r, H.U.D.A., 1!!"(2) CPC 1*1 ,r$
/?aboratory test - 8he spurious cement spoiled the entirte floor of the complainantBs buildin% - ?aboratory test not
necessary - 1!!2 CPC " #$C$
/#on pro&idin% . days to 0$P$ for reply - Diolation of 1ection 1. (2) (a) of C$P$ Act pro&ed - *an(o) Builders
(*-s.) &$ #hri #hri4ant 0rishnasa Lathan, 1!!"(2) CPC "2 Har$
/Petitioners %i&en time more than . days for filin% their &ersion - Petitioners ha&e no cause to complain as the
error5 if any5 %oes in their fa&our - 1!!"(1) CPC 112 #$C$
--Dismissal of complaint e&en without issuin% a notice to other party is in &iolation of pro&isions of 1ections 1. and
1" - Complaint should be decided on merits - 1!!3(2) CPC *)( Pb$
Projects s!ifting - 0pposite party ha&in% a%reed to construct the allotted flat offered to allot flat under another
pro+ect - Directed to refund deposits with 13: interest - 1!!3(2) CPC 1.) 8$#$
Prompt action Delay of )12 days in filin% re&ision petition Procedural delay cannot be made a %round for
condonation particularly when ,-DA has a le%al cell to ta4e a prompt action in dealin% with the cases of allotment
21(1) CPC ).. #$C$
Prosecution - 0pposite party partly complyin% with the order of #ational Commission - Authorities directed to
put them in Nail for . months - 1!!((1) CPC 2* #$C$
Prospective investor - Allotment can be made to an applicant who is a consumer A prospecti&e in&estor is
not a consumer under CP Act - 21(2) CPC .. ,r$
--A prospecti&e in&estor in allotment of plot is not a consumer u7s 2 (1) (d) of the Act - 21(.) CPC 1.3 #$C$
--A prospecti&e in&estor is not a consumer under CP Act 6elief declined - 21(2) CPC ))1 #$C$
Public auction In cases of public auction of sites5 a lessee is not a consumer nor the owner is a ser&ice
pro&ider Complainant bein% not a consumer5 relief under CP Act cannot be %ranted - 21(.) CPC 1"* #$C$
Public toilet - #on payment of balance amount of plot alle%edly due to non construction of public toilet in
locality - Allottee ri%htly directed to pay balance amount with 13: interest - 22(2) CPC .1 ,r$
1*
Punis!ment - Punishment a%ainst @ana%in% Director of a Company after it had been li2uidated cannot be
sustained - 1!!3(1) CPC 1"* Pb$
Purc!ase of flat - #on-deli&ery of possession of flat by 0P despite part payment of consideration - 0P ri%htly
held liable for deficiency in ser&ice - 2((1) CPC *3) #$C$
P7C container lea.age - PDC container filled with ?A>1A totally lea4ed Plea of e9cessi&e load not
accepted Claim of 6s$ "5(*5*7- with ): interest and cost upheld - 2!(2) CPC *1 #$C$
8uestion of law - Complaint barred by time before District 'orum - 1uch 2uestion of law can be raised first
time in appeal - /ational Buildin) 'onstru+tion 'orp. Ltd. &. :indal #teel %ndustries, 2(2) CPC .. Pb$
8uestion of pricing Fhen pricin% of house is lin4ed with defect of construction it amounts to a consumer
dispute - 21(2) CPC 1"* #$C$
8uestion of title - Kuestion of ownership of property in&ol&ed in the complaint - Ci&il Court is the proper
'orum to decide the issue - Dr. #./. 9a4haloo &. Har$ana Ur"an De&elopment Authorit$, Pan+h4ula, 1!!. CPC "*2 ,r$
/ate of interest - 1: interest char%ed from other applicants of similar nature - Complainant cannot be
compelled to pay 1*: interest on instalments - 21(2) CPC *.2 Chd$
/1: per annum interest instead 12: interest on deposit held to be correct - 'hie1 Administrator, Har$ana Ur"an
De&elopment Authorit$, *ani *a(ra &$ *aha"ir Prashad *adhup, 22(2) CPC .2 ,r$
/12: per annum on refund of plot price is e9cessi&e - 6educed to 1: P$A$ only - Har$ana Ur"an De&elopment
Authorit$, Pan+h4ula throu)h 'hie1 Administrator &$ Ram Par4ash Ba(a(, 22(2) CPC .1* ,r$
/1*: interest awarded by District 'orum reduced to !: in appeal - 0rder of District 'orum restored - 2.(2)
CPC 2") #$C$
/13: as rate of interest on compensation amount bein% on hi%her side - 8he same is reduced to 1*: only - 2((2)
CPC .. #$C$
/13: interest on amount of refund of interest amount on balance instalments - 6ate reduced to 12: p$a$ only -
2)(2) CPC *3) Pb$
/13: per annum interest on refunded amount is on hi%her side - 6educed to 1*: per annum only - 2*(1) CPC
)3( Pb$
/A >an4 is e9pected not to cause undesirable loss to depositors by reducin% rate of interest - 2*(1) CPC *2)
#$C$
/Allotment Authority wanted to allot alternati&e flat in another bloc4 but refused by complainant - 0$P$ liable to
refund deposits with 1*: interest - 2)(1) CPC .3) #$C$
/Allottee allowed 1: interest on refund amount - 6ate of interest not on hi%her side as 8rust is char%in% more
interest from allottees - 2*(1) CPC ..) Pb$
/Allottee itself defaulter in payment of installments - Claim of interest or compensation for delayed possession
un+ustified - 2((1) CPC (2! 1$C$
/Allottee of house delayin% payment of instalment - ,eld liable to payment of interest on balance amount - 2(2)
CPC ")2 Delhi
/Allottees allotted shop at old rate - Award of interest at the rate of 12: +ustified which is payable on deposits due
to delay in deli&ery of possession - 2*(1) CPC 2") 1$C$
--Allottees are entitled to 13: interest instead of 1*: on deposits with ,-DA where possession of plot is unduly
delayed - 0an2ar Rohit &$ 6state 711i+er, H.U.D.A., 1!!((2) CPC .2. ,r$
/Allottees are liable to pay interest ; 12: on balance amount from the date of deli&ery of possession - 1!!!(1)
CPC 1!* #$C$
/As compensation in a case of deficiency in housin% ser&ice should be awarded accordin% to loss suffered by
allottee - 12: interest held to be +ustified - 2"(2) CPC )*2 1$C$
/Award of 1: interest (not 12:) on refund of deposits held to be correct - 22(2) CPC .1! ,r$
/Award of 13: in housin% ser&ices cases cannot be %ranted - It depends upon facts of each and e&ery case - 12:
interest held +ustified - 2"(2) CPC )*! 1$C$
/Award of 13: interest in cases of housin% ser&ice cannot be %ranted in each case - 1: interest upheld - 2"(2)
CPC )*) 1$C$
/Award of interest at the rate of 1*: was re&ised to 13: by #ational Commission - Interest reduced to 1*: only -
2"(2) CPC .") 1$C$
/Awardin% 13: interest on deposited amount for delayin% possession +ustified - 22(2) CPC .1 #$C$
/Awardin% of interest at the rate of 13: on the amount deposited for allotment of plot cannot be sustained in &iew
of recent +ud%ment of Ape9 Court in a similar matter - #tate o1 Har$ana &$ Bal Ra( #in)h, 1!!3(2) CPC *(3 ,r$
1)
/>uilders despite payment for flat failed to deli&er its possession in time - Directed to pay compensation with 13:
interest - 21(2) CPC *() #$C$
/>uilders failed to complete construction of flat within stipulated time of two years - Directed to refund total price
with 13: interest - 22(1) CPC 2(1 #$C$
-->uilders had offered possession of constructed buildin% throu%h two letters which was i%nored by the complainant
>uilders not at fault ,owe&er5 complainants are entitled to ): interest on the deposited amount - 21(.) CPC 1**
-$P$
--Complainant failed to pay basic amount for allotment 6etainin% the balance installments with alle%ation of
demand of e9cessi&e rate of interest is not permissible Cancellation of plot allotment upheld 21(1) CPC *)! #$C$
/Complainant was unsuccessful in draw of plots and deposited earnest money was left with P-DA &oluntarily -
P-DA not at fault - Interest reduced from 13: p$a$ to 1: pa$ and cost set aside - 23(.) CPC 21! 1$C$
/Delay in deli&ery of possession by ,$-$D$A$ despite payment of price - Directed to pay 1*: interest on deposited
amount and refund 8$D$1$ etc$5 if deducted - 2*(1) CPC 223 1$C$
/Delay in possession despite payment of amount - ,$-$D$A$ directed to pay 13: interest on deposited amount -
2*(1) CPC 2.! 1$C$
/Delay of ! years in deli&ery of possession after recei&in% full payment by ,-DA - ,-DA directed to refund full
amount with 13: interest p$a$ and compensation of 6s$ **5 - 2(2) CPC )1" Chd$
/Delay of ! years in deli&ery of possession by Impro&ement 8rust - 8rust to pay interest at the rate of 1*: P$A$ -
1!!3(2) CPC 2*3 Pb$
/Delay of deli&ery of possession of allotted house beyond stipulated period - Authority directed to pay
compensation with 1": interest - 2(2) CPC ""2 -$P$
/Delay of more than 2 years in deli&ery of possession - Allotee entitled to 13: interest from date after 2 years of
allotment - 6s$ 2 lacs awarded as compensation - 2.(1) CPC "3 Chd$
--Demand of 13: interest on compensation is not +ustified5 3: interest upheld - 2"(1) CPC *13 Chd$
/District 'orum allowed 13: interest on deposit for allotment of plot which was reduced to 12: in appeal -
6eduction in rate of interest is +ustified - 23(.) CPC 22( #$C$
--District 'orum allowin% complaint directed 0P to pay compensation and cost with 1): interest Interest bein% on
hi%her side reduced from 1): to 12: - 6est of the order left undisturbed 2!(.) CPC )(3 #$C$
/District 'orum awarded 1*: interest on deposits as possession was delayed by ,$-$D$A$ - Increase in rate of
interest from 1*: to 13: by #ational Commission un+ustified - 2"(2) CPC .2) 1$C$
/District 'orum awardin% rate of interest at 1*: on deposit for flat - 6ate of interest reduced to 12: is reasonable
- 21(1) CPC 23) Delhi
/District 'orum directed deli&ery of possession with 13: interest after &acation of stay - Interest durin% stay period
un+ustified - 0rder of 'orum restored - 2*(1) CPC 2( #$C$
/Cnhancement of rate of interest to 13: per annum in each and e&ery case of allotment is not proper - 2"(2)
CPC 23) 1$C$
/,$-$D$A$ can char%e interest on balance amount at the same rate at which it is payin% the interest to 'inancial
Institutions - 2((2) CPC () ,r$
/,$-$D$A$ cancelled allotment forfeitin% deposits unlawfully - Directed to refund amount with 1*: interest and
cost of 6s$ 1*5 - 2"(2) CPC .1( 1$C$
/,$-$D$A$ cannot char%e 13: interest on delayed instalments when rate is 1: in the letter of allotment - 1!!!(1)
CPC )"1 Chd$
/,$-$D$A$ committed fault by not deli&erin% possession of plot - Directed to pay 13: interest on deposited amount
- 2*(1) CPC 2"1 1$C$
/,$-$D$A$ is entitled to char%e interest on balance amount of plots between 1*: to 13: accordin% to the facts of
the case - 1!!3(2) CPC 2.) ,r$
/,$-$D$A$ is liable to pay 13: interest on deposit if possession is delayed for more than . years - 1!!((2) CPC
.2" ,r$
/,$-$D$A$ retainin% e9cess amount without reason - ,eld liable to pay 12: interest on the amount for delayed
period - 2"(2) CPC 23! 1$C$
/,-DA can char%e simple interest at the rate of 12: on the balance price of plot - 22(1) CPC "1! ,r$
/,-DA delayed possession for more than 2 years - Directed to pay 12: interest on deposited price - 22(1) CPC
"2" ,r$
/,-DA delayed possession of allotted plot for ( years - Directed to pay 13: interest on deposits with )5 as
cost - 21(2) CPC 11* Chd$
1(
--,-DA directed to pay 1*: interest on deposited amount - 6ate of interest at 1*: is on hi%her side5 it is reduced
to 12: only - 22(1) CPC "2( ,r$
/,-DA directed to pay 1*: interest on refund of deposits of plot - 6ate of interest reduced to 1: P$A$ only -
21(2) CPC 31 Chd$
/,-DA held entitled to reduction in rate of interest on deposit from 1*: to 12: only - 22(1) CPC "12 ,r$
/If a 1cheme of Allotment is cancelled5 Appellants to hand o&er proper calculation sheet of interest is bound
amount to his satisfaction - 2"(2) CPC ") 1$C$
/In allotment cases rate of interest may be different from that stipulated in allotment letter - 8he different rate of
interest can be imposed on defaulter in cases of allotment by ,-DA5 but interest should not be unreasonable - 23(.)
CPC 22 1$C$
/In award of compensation by consumer a%ency5 rate of interest should be 12: p$a$ instead of 13: p$a$ - 23(1)
CPC "." 1$C$
/Interest ; 13: %ranted by District 'orm on compensation amount in a case of allotment of plot - 6ate of interest
bein% on hi%her side is reduced to 12: per annum only - 2((1) CPC )(( #$C$
/Interest at the rate of 13 per cent on the amount challen%ed - Interference in the order declined - 22(1) CPC 23)
#$C$
/Interest at the rate of 13: per annum on deposits cannot be %ranted in all cases of allotment - 2"(2) CPC 2(*
1$C$
/Interest on refund of deposit at 12: p$a$ payment of 1: p$a$a interest only held +ustified - 22(2) CPC .13 ,r$
/#on allotment of plot by ,-DA for lon% - Award of 13: interest on deposit +ustified - 2(1) CPC 2*! 1$C$
/#on-deli&ery of possession by ,$-$D$A$ despite payment - Directed to pay 1*: interest on deposited amount -
2*(1) CPC 212 1$C$
/#on-deli&ery of possession of plot by ,$-$D$A$ - ,$-$D$A$ directed to deli&er Possession with 1*: interest on
deposit - 2"(2) CPC )(1 1$C$
/#on-deli&ery of shop and flat within stipulated period despite payment - >uilders to refund price with 13:
interest - 21(2) CPC 22 Eoa
/Payment of 13: interest on deposit of allottees by Allotment Authority for non deli&ery of possession of flat held
to be +ustified - 21(1) CPC ..2 -$P$
/Payment of 13: on deposits is e9cessi&e - 0nly 12: P$A$ interest is reasonable - 22(2) CPC .21 ,r$
/Payment of interest at the rate e9ceedin% 12: P$A$ on amount deposited by allottee is not +ustified - 2)(2) CPC
))2 1$C$
/Payment of interest at the rate of 13: per annum on deposit by allottee allowed 6ate of interest - #o 8$D$1$ can
be deducted on the interest amount - 2"(2) CPC "*1 1$C$
/Payment of interest on deposit by ,-DA at the rate of 13: P$A$ in the form of compensation5 is le%ally &alid -
2.(2) CPC 2) Chd$
/Payment of rent at the rate of 1: p$a$ on delayed installment by allottee held to be +ustified - 21(1) CPC 2()
,r$
/Possession not deli&ered despite deposit of 2*: price - Allotment Authority liable to refund deposit (6s$
*5(*5) with !: p$a$ interest - 22(1) CPC 1* Chd$
/Possession not deli&ered despite payment of substantial amount - Allottee entitled refund of deposited amount
with 1*: interest and deducted 8$D$1$ with 12: interest - 2"(2) CPC )!" 1$C$
/P-DA retainin% amount paid for re%istration fee of flats - Payment of 13: P$A$ on deposits upheld - 21(1)
CPC )3) Chd$
/6ate of interest ; 13: on compensation amount held to be le%ally &alid - 22(2) CPC )( #$C$
/6ate of interest ; 13: on compensation amount held to be le%ally &alid - 22(2) CPC )) #$C$
--6ate of interest ; 13: p$a$ bein% on hi%her side5 same reduced to 3: p$a$ interest - 21(2) CPC 133 -$P$
/6ate of interest 13: p$a$ on compensation amount5 for deficiency in ser&ice5 is not un+ustified - 22(1) CPC )2!
#$C$
/6ate of interest allowed at 1*: by District 'orum on deposited amount and re&ised to 13: per annum by
#ational Commissioner - 1: interest held to be +ustified - 2"(2) CPC .)( 1$C$
/6ate of interest at 1: on deposits for allotment held to be +ustified - 22(1) CPC )3 Chd$
/6ate of interest at 1: p$a held be le%ally +ustified on amount of deposits - 21(2) CPC .!1 Chd$
/6ate of interest awarded at 1: per annum re&ised to 13: by #ational Commission - 6ate of interest restored to
1: only - 2"(2) CPC .) 1$C$
13
/6ate of interest for retention of amount by authority should be moderate - Interest reduced to 1: from 13: p$a$ -
1!!((2) CPC 2(1 @$P$
--6ate of interest on deposits at 1: p$a$ interest is +ust and proper - 22(2) CPC .1( ,r$
/6ate of interest on earnest money cannot e9ceed the rate mentioned in 6e%ulation of ,ousin% >oard - 2(1)
CPC 2" >ihar
/6ate of interest re&ised from 1: to 13: on deposit by #ational Commission - Increase in interest un+ustified -
2"(2) CPC .*" 1$C$
/6ate of interest re&ised from 1*: to 12: by #ational Commission in a case of allotment - 6ate of interest
reduced to 12: as per latest law on the sub+ect - 2"(2) CPC .21 1$C$
/1tate Commission awarded 13: interest on amount deposited with ,ousin% >oard - 6ate of interest ri%htly
reduced to 12: by ,onBble Ape9 Court - 2)(1) CPC *!! ,$P$
/8otal price paid on .$)$1!! - Possession deli&ered on 2*$1$1!!1 - Complainant allowed 13: interest on deposit
- 1!!!(1) CPC .)1 Chd$
/-ndue delay in deli&ery of possession - Interest ; 13: on the amount reduced to 12: and compensation of 6s$
"5 reduced to 6s$ 15 - 22(1) CPC 213 #$C$
/-ndue delay in deli&ery of possession - Interest on deposit at the rate of 13: per annum - Cnhancement of rate of
interest from 12: to 13: not sustainable - 2"(2) CPC "3) 1$C$
/-ndue delay in deli&ery of possession by ,$-$D$A$ - Allottee not liable to pay interest for delayed payment - Also
entitled to 1*: interest on deposited amount - 2*(1) CPC 2. 1$C$
/-ndue delay in deli&ery of possession by ,$-$D$A$ - Deficiency in ser&ice pro&ed - Possession be deli&ered
within 3 wee4s with 13: interest - 2"(2) CPC .)* #$C$
/-ndue delay in deli&ery of possession by ,$-$D$A$ - Payment of 1*: interest on deposit +ustified - 2"(2) CPC
)3" 1$C$
/-ndue delay in deli&ery of possession by ,-DA - Directed to refund the amount with 13: interest - 2*(1)
CPC 22. 1$C$
/-ndue delay in deli&ery of possession despite substantial payment - ,$-$D$A$ directed to pay 1*: interest on
deposited amount without deduction of 8$D$1 - 2"(2) CPC (2 1$C$
/-ndue delay in deli&ery of possession of flat - Authorities directed to pay interest at the rate it char%in% on the due
instalments - 1!!3(2) CPC 121 @$P$
/-ndue delay in deli&ery of possession of plot - ,$-$D$A$ directed to pay 12: interest on deposited amount -
8$D$1$ not to be deducted - 2"(2) CPC )22 1$C$
/-ndue delay in deli&ery of possession of plot - ,-DA directed to pay 12: interest on deposits - 2"(2) CPC
..) 1$C$
---ndue delay in deli&ery of possession of plot by ,$-$D$A$ - ,$-$D$A$ made told pay compensation to 6s$ 2)5
with 1*: interest - 2"(2) CPC .3 1$C$
/-ndue delay in deli&ery of possession of plot7flat by Allotment Authority - Applicants entitled to 13: p$a$ interest
on their deposited money - H.U.D.A. &$ Darash 0umar, 21(2) CPC ).* #$C$
/-ndue delay of * years in deli&ery of possession of flat - Allotment authority directed to pay 1*: interest on
deposited amount - 22(1) CPC ).) #$C$
/-nsuccessful participant under housin% scheme held entitled to refund of deposit with 13: interest instead of *:
- 2"(1) CPC 21 @aha$
/Fhere matter relates to reco&ery of debt or dama%es awardin% of interest at current rate is +ustified - 2"(1) CPC
)) 1$C$
/Fhere offer of possession is belated rate of interest should not e9ceed 12: p$a$ but in case of non-deli&ery of
possession interest can be awarded in e9cess of 12: p$a$ - 2)(2) CPC *)" 1$C$
/ate and Date of interest - -ndue delay in deli&ery of possession of house - Award of interest ; 13: after
two years upheld - G.D.A. &$ R.G. #a8ena, 22(2) CPC 32 #$C$
/ate of plot - C9cess area allotted to complainant than ori%inal area - Allotment on old rate not allowed on
e9cess area - 1!!3(1) CPC 1! #$C$
/0ri%inally P$-$D$A$ a%reed to allot a plot at the rate of 6s$ *2 per s2uare yard - Demand of 6s$ 15" per s2uare
yard in the letter of allotment is ille%al - 1!!!(1) CPC "( Pb$
/e-allotment - Complainant failed to pay balance price 1*: within . days resultin% in cancellation of
allotment Deposit on @inisterBs recommendation cannot be accepted 6e-allotment declined 2!(.) CPC (1! ,r$
1!
--Complainant surrendered plot on his own Fill Appeal for re-allotment was dismissed Complaint a%ainst
cancellation of allotment not maintainable 2!(.) CPC )! ,r$
--0rder of re-allotment passed by District 'orum was e9ecuted durin% pendency of Consumer proceedin%s 0rder
cannot be set aside in re&ision to disturb the matter already settled - 21(2) CPC 23. #$C$
--Petitioner5 allottee of house did not chec4 the defect in construction when allotment by erstwhile allottee was made
,e cannot claim compensation or interest on deposits from Allotment Authority 211(1) CPC 12* #$C$
--Complainant surrendered the plot of his own will Price was refunded after forfeitin% 1: of price Prayer for
re-allotment after .-L years cannot be acceded to 21(1) CPC *"1 #$C$
/e-allottee 6e-allottee of plot is not entitled to same relief as %ranted to ori%inal allottee for delay of allotment
2!(1) CPC (2( 1$C$
/easonable classification - ?and owners whose lands are ac2uired for a colony5 are entitled to allotment of
plots as per terms of the Allotment to 0ustees Policy framed in year 1!3( - Cannot be denied their ri%ht in the name of
reasonable classification - 2((1) CPC .*( ,r$
/easonable offer Complainant declined reasonable offer of allotment but not accepted Complainant
entitled to refund of deposited amount without interest 211(1) CPC ")) #$C$
/easonable time - 6efund of interest money within two months from draw of lots of plot - 6efund is within
reasonable time - 2*(2) CPC )2) ,r$
/ebate - ,ousin% society paid balance amount after deductin% *: rebate which could be permitted only by
Administration - 1ociety bein% defaulter not entitled to any relief - 22(1) CPC "23 Chd$
/ecovery as land revenue - District 'orum issued certificate to Collector for reco&ery of decreed amount of
6s$ 2*5!) as land re&enue in compliance of 0rder under 1ection 2* of Consumer Protection Act - 0rder upheld - Ru"a
0and &$ #.*. ,inan+e Ltd., 2"(1) CPC !) Chd$
/ecovery of Compensation - Compensation payable to consumer by allotment authority should be
reco&ered from errin% officials - 2((2) CPC )31 #$C$
/ecurring cause of action - Complaint cannot be dismissed as time barred when there is recurrin% cause of
action - 22(2) CPC .)2 Chd$
/Fhen there is recurrin% cause of action limitation starts from date of 4nowled%e of latest cause - 2"(2) CPC 1)
6a+$
/eduction in area - Deposit made for 12 s2uare metres - Area allotted 12 s2uare yards - Authority liable to
refund e9cess amount with 13: interest per annum - 1!!3(2) CPC *1) Pb$
/6eduction in area of booth - ,$-$D$A$ should complete the area and to pay 6s$ 2525 as compensation -
1!!!(1) CPC 21) ,r$
/6eduction in area of ,-DA plot - ,-DA must compensate the allottee - 2.(1) CPC 2)! Chd$
/eduction in price - Area found to be ". 12$ meters less than allotted area - Price to be char%ed as per
measurement of area - 2"(1) CPC 2(( Pb$
/efund - Delay of 1-172 months in refund of deposits to unsuccessful allottee does not constitute a deficiency in
ser&ice - 1!!((2) CPC "2" #$C$
/Delay of ( years in deli&ery of possession - ,-DA directed to refund price of plot with 1: interest - 21(2)
CPC *"* Chd$
--6efund claimed as necessary amenities were not pro&ided upto " years after allotment Deduction of 1: by
,-DA un+ustified 0P directed to refund total price with 12: interest and costs - 21(.) CPC ! #$C$
/De&eloper failed to complete De&elopment Pro+ect - Depositors held entitled to refund amount with 1*: P$A$
interest - 1!!!(2) CPC ).1 @aha$
--Complainant failed to ma4e payment of house due to non-a&ailability of amenities5 which were pro&ided by 0P
#o +ustification for not ma4in% the payment Complainant held entitled only the refund of the deposited amount -
2!(2) CPC 2.1 #$C$
--0P 4ept amount of 6s$ 253!57- without allotment of desired 0rchard for 1! years 0P directed to refund
deposited amount with 12: interest and compensation of 6s$ *5 - 2!(2) CPC "( #$C$
--District 'orum directed 0P builder to refund deposits with 12: p$a$ interest - 0rder modified only pertainin% to
period for payment of interest - 23(1) CPC .1! #$C$
/Petitioner failed to repay amount to ,$-$D$A$ in compliance of an order passed by District 'orum - Complainant
ri%htly directed to refund the amount with 13: interest per annum - 1!!!(1) CPC !* ,r$
11
/P-DA recei&ed amount in e9cess from allottee - Directed to refund the amount with !: interest - /. #. 0ohli &.
Pun(a" Ur"an Plannin) & De&elopment Authorit$5 23(1) CPC 11. Pb$
/6efund of interest to allottee due to misreadin% of rele&ant clause - 0rder of refund 2uashed - 1!!)(2) CPC " 1$C$
/1ub standard 2uality material used in construction by ,ousin% >oard - >oard directed to refund deposited amount
with interest and compensation - 2(2) CPC .3 -$P$
/Complainant carryin% on business of her husband after death of her husband - 1he is entitled to refund of with
interest deposited for allotment of plot - 23(1) CPC *2" #$C$
/Complainant demanded refund of amount paid for allotment of plot - 6efund after 1: deduction +ustified -
21(2) CPC !! Chd$
/Complainant failed to pay instalments in time - #ot entitled to allotment of alternati&e house e9cept refund with
13: interest - 1!!((1) CPC 21" Chd$
/Complainant ne&er came to claim refund of earnest money paid for allotment of plot - #ot entitled to claim
interest on said amount - 2(2) CPC 11 Pb$
--Allottee is not informed about time for balance amount - 2*: deduction from refund of amount not +ustified -
1!!"(2) CPC *2. -$P$
/After necessary amount was deposited for flat allotment - 0P abandoned the scheme - 0P directed to refund
deposits with 1: interest - 23(1) CPC )1 #$C$
/Allottee was le%ally entitled to refund of 6s$ 115*"5!(" after surrender of plot - 0pposite party delayed payment -
Directed to refund the amount with 12: p$a$ interest - 2(1) CPC "!1 Chd$
/>uilders failed to complete constructions with necessary amenities within time - 1tate Commission is directed to
decide the contro&ersy on merits instead of remandin% it to the District 'orum - 1!!)(2) CPC )*( #$C$
/efund of amount - ,ousin% board is liable to pay 13: interest on deposited amount for delayin% possession
of allotted house and to refund the entire amount - 2(2) CPC *)) -$P$
--6efund 0P failed to construct apartment boo4ed within stipulated period Alle%ation of payment duly pro&ed
from e&idence by way of affida&it of the complainant 0rder of refund by fora below upheld 2!(1) CPC "*" #$C$
/Complainant was allowed of deduction in plot price as plot was not found suitable - 6efund should be allowed
with interest to complainant - 22(1) CPC )2" #$C$
/,ousin% >oard cannot deduct 1: from total price when it has faulted by delayin% possession of allotted house -
2)(1) CPC **! #$C$
/efund of amount wit! interest - 0$P$ failed to deli&er possession of residential flat despite amount
deposited by complainant 0$P$ ri%htly directed to refund the amount with 13: interest with compensation of 6s$
155 2!(1) CPC **2 #$C$
/efund of boo.ing amount - An amount of 6s$ 2*5 paid for boo4in% of house Dispute arose about rate
of price of house #o sale a%reement produced 6efund of boo4in% amount ordered by 'ora below 0rder upheld
211(1) CPC 1! #$C$
/efund of cost of villa - Cheatin% - Complainant was cheated by 0P by pro&idin% lesser area of pent house -
0P directed to refund full amount with 13: interest and cost 6s$ "5 - 23(1) CPC (." #C
/efund of deposit - A Eurudwara had come up on the allotted plot - Alternati&e plot allotted but possession
not deli&ered - P-DA directed to refund the amount with 13: interest - 2.(2) CPC *). #$C$
/After deli&ery of possession ob+ection a%ainst panel interest due to delay in payment is not entertainable - 0rder of
refund of amount set aside - 2((2) CPC )2! #$C$
/Allotment authority failed to deli&er allotted house despite full payment - 6efund of deposit after 1: deduction
is ille%al - Allottee entitled to 13: interest on deducted amount - 2.(1) CPC .! #$C$
/Allottee compelled to surrender plot as the same was under liti%ation - 1urrender not &oluntarily made - 'ull
refund with 1: interest is payable - 22(2) CPC .2 ,r$
/Amount deposited for allotment of flat - 1cheme abandoned - Complainant entitled to 1*: simple interest instead
of *: interest - 2"(1) CPC 22) -ttar$
/Applicant remained unsuccessful under 1cheme of allotment - Cntitled to refund of deposits with 1: p$a$ interest
after 13 days of closin% of scheme - 2)(1) CPC *1. Pb$
/Complainant deposited 6s$ 15 with P-DA but remained unsuccessful in draw of lots - P-DA directed to
refund 6s$ 15 with 1*: interest - 22(2) CPC *2 Chd$
/Complainant not allotted any plot despite payment - Allotment authority directed to refund the deposit with 12:
interest - 2.(2) CPC *!( #$C$
111
--Complainant failed to deposit e&en seed money for three years despite repeated reminders Cancellation of
allotment upheld ,owe&er5 deposited amount refunded with interest 2!(.) CPC 22. #$C$
---ndue delay in deli&ery of possession 0rder of 1tate Commission directin% refund of deposited amount with
1: interest and cost of 6s$ 157- upheld 2!(.) CPC 1.* #$C$
/Complaint of ComplainantBs husband was dismissed in default - Complaint filed by wife for refund of plot price
not barred by principle of res +udicata - 1!!!(2) CPC "!" -$P$
/De&elopment Authority abandoned the 1cheme after recei&in% price of plot - #o alternati&e plot was allotted -
Complainant entitled to refund of entire price with 12: interest and compensation - 22(2) CPC 2" -$P$
/District 'orum allowed refund of deposited amount with 12: interest for undue delay in deli&ery of possession of
allotted plot - 0rder upheld - 2((2) CPC *(. #$C$
/,ouse not constructed and scheme was abandoned - 0pposite Party directed to refund deposits with 1*: interest
-2"(2) CPC 2.3 -ttaranchal
/,ousin% >oard failed to construct house in a%reed time after payment - Directed to refund entire amount with
interest after deductin% 2: of initial deposits - 2.(2) CPC 2)2 #$C$
/Possession of allotted plot delayed for lon% time without any reason - 6efund of price after deductin% 6s$ 3
un+ustified - 22(1) CPC ")" 0rissa
--Possession of flat not deli&ered despite payment of substantial amount - 0P directed to refund the amount with
12: interest - 2((1) CPC "31 #$C$
/,$-$D$A$ delayed possession of plot for * years - Directed to refund deposits with 13: interest per annum -
6state 711i+er, Har$ana Ur"an De&elopment Authorit$ &$ #.0. 3ats, 1!!3(1) CPC .)" ,r$
/,$-$D$A$ is bound to refund the amount after deductin% 1: of price e&en if allottee has surrendered the plot -
Har$ana Ur"an De&elopment Authorit$ &$ Bir #in)h #odhi, 1!!((2) CPC .12 ,r$
/1urrender of plot due to lac4 of amenities - Complainant entitled to refund of deposit with !: interest as it is not a
&olunteer surrender of plot - Har$ana Ur"an De&elopment Authorit$ &$ *ano( 0umar, 22(1) CPC "2) ,r$
/1urrender of plot not made &oluntarily but under compulsion - 6efund with 1: p$a$ interest +ustified - Har$ana
Ur"an De&elopment Authorit$, Pan+h4ula &$ Bhoop #in)h, 22(2) CPC .1. ,r$
/efund of deposit wit! interest - 0P delayed allotment of flat for 2* years despite re%istration of applicant
under the scheme 'orum ri%htly directed refund of deposited amount with interest and cost 2!(1) CPC !. #$C$
/efund of earnest money - Allotment authority cannot be allowed to 4eep the earnest money for a lon%
period after denial of allotment - 6efund with 1G interest ordered - 2.(2) CPC 2(2 #$C$
/'orfeiture of earnest money does not arise when 0pposite Party builders are themsel&es at fault - 2"(1) CPC
** Chd$
--0P without followin% mode of allotment withheld earnest money without any +ustification 6efund of earnest
money with interest and cost ri%htly ordered by 'ora below 2!(.) CPC )" #$C$
/efund of ecess prices - ,ousin% >oard reco&ered enhanced price falsely statin% that compensation of
ac2uired land was enhanced - >oard directed to refund e9cess price with interest - 2)(1) CPC "33 ,r$
/efund of ecess amount 0P char%ed e9cess amount as price of &ehicle Appellant and its dealer ri%htly
held liable to refund e9cess amount with cost and compensation and issue #0C to respondent7complainant 2!(.) CPC
*!) ,$P$
--6espondent char%ed e9cess amount by calculatin% penal interest in contra&ention of a%reement 6espondent
directed to refund e9cess amount with (: interest 2!(1) CPC "!) #$C$
--@ista4e in calculation of total balance of e9tra payment by the complainant to 0P 6efund of amount after proper
calculation directed to be made with interest 2!(1) CPC "2. #$C$
/efund of etension fee - #on-construction fee char%ed as per scheme published under rele&ant re%ulations -
Claim for refund of fee ri%htly declined - 2((2) CPC "3. #$C$
/efund of flat price - Deduction of 2: in refund of price by builders on the basis of ille%al terms of
a%reement - Deduction disallowed - 2.(1) CPC *!( @aha$
-->uilders failed to deli&er possessions of flat despite full payment Directed to refund balance amount with !:
interest 211(1) CPC 21* #$C$
--0P failed to purchase desired flat e&en after recei&in% full payment from >ritish CitiJen born in India 0P
directed to refund amount of 6s$ *$2* lacs with 13: p$a$ interest in Indian currency 2!(.) CPC 12" #$C$
/6upees . deposited for allotment in 1!3! returned in 1!!( without any reason - 0P directed to pay 13:
interest on deposited amount after 2 years of date of deposit - 2.(2) CPC 223 #$C$
112
/efund of !ouse price - 8rust failed to allot a house or refund the deposited amount - 6efund with interest
ordered - 1!!!(1) CPC 22( @$P$
--Delay of four years in construction of house for which complainant himself was partly at fault 6easonable
compensation awarded by 1tate Commission with 1: interest upheld - 2!(2) CPC 1." #$C$
/efund of interest - Delay of . decades in deli&ery of possession - ,u%e amount of interest paid on balance
instalments - 0$P$ to refund amount of with interest and 6s$ *5 - 2"(1) CPC 232 Pb$
/P-DA failed to offer deli&ery of possession within reasonable period - Directed to refund amount of interest
char%ed on balance instalments with 12: p$a$ interest - 2)(2) CPC *3) Pb$
/efund of plot price - 'ull price deposited as price of flat - Cancellation of allotment on &a%ue %rounds -
Complainant entitled to refund of deposit with 12: interest - 22(2) CPC .)( Chd$
/,ousin% Corporation committed deficiency in ser&ice in refund of plot price - Allottee entitled to refund of price
with 12: interest - 22(1) CPC )(1 0rissa
/#o allotment was made despite receipt of amount 15115* - 0P directed to refund the amount with interest -
2)(2) CPC .2 #$C$
/efund of Price - P$-$D$A$ authorities ha&e a ri%ht to chan%e the policy of allotment and to re&ise the reser&e
price - -nsuccessful candidate allowed refund of deposit with ): interest - 2*(1) CPC . #$C$
--0P neither allotted site nor e9ecuted the sale deed despite payment of consideration 0P directed to refund the
consideration with interest and cost - 2!(2) CPC 2)" #$C$
--,-DA failed to pro&e by co%ent e&idence that possession was offered in time 6efund of deposited price with
12: p$a$ interest ri%htly ordered by District 'orum as possession was delayed for . years - 21(2) CPC (2* #$C$
--Possession of allotted flat not deli&ered in time 0P directed to refund the deposited amount with 13: interest
and 6s$ 155 to each complainant 2!(1) CPC *2* #$C$
/1tate Commission directed allotment authority to char%e ad&ertised price of flat5 pay interest and refund e9cess
amount - 0rder not sustainable in &iew of #mt. #ha"nam 3ir4;s case 2) (1) CPC )** 1$C$ - 23(2) CPC 2*2 #$C$
/efund on interest - District 'orum directed ,-DA to refund petty amount of interest amount to 6s$ .(".$*
on reasonable %rounds 0rder +ustified - 21(.) CPC *1" #$C$
/efund on request - @oney deposited for allotment of flat was refunded on demand of complainant As
refund was made on re2uest of complainant5 0P is not liable to pay interest on deposits - 21(2) CPC .( #$C$
/efund wit! interest - 2*: price of ,-DA plot deposited - Area not de&eloped nor possession deli&ered -
,-DA directed to refund total amount with 12: p$a$ interest - 22(2) CPC 2)! Chd$
/>uilder failed to complete construction of flat within time - 6efund of price with 12: interest +ustified - 22(1)
CPC .(! #$C$
--,-DA recei&ed total tentati&e price of 6s$ (53!5.) from the allottee but possession delayed for more than " years
6efund of deposited amount allowed without deductin% 1: price with 12: p$a$ interest and compensation7cost of 6s$
)5 - 21(.) CPC *11 #$C$
/Chan%e in mode of allotment by authorities does not amount to arbitrariness - Complaint allowed with refund of
deposits with ): interest - 2"(2) CPC ).* #$C$
--Carnest money deposited for allotment under a scheme5 which was withdrawn 0P held liable to refund the
deposit with 1: interest as per condition of allotment - 2!(2) CPC **" #$C$
--0P failed to purchase desired flat e&en after recei&in% full payment from >ritish CitiJen born in India 0P
directed to refund amount of 6s$ *$2* lacs with 13: p$a$ interest in Indian currency 2!(.) CPC 12" #$C$
--Coloniser failed to allot a plot e&en after recei&in% payment of 6s$ 1525.! Directed to refund said amount with
interest at the rate of 13: per annum to the complainant - 1!!3(2) CPC )(. Chd$
/Deli&ery of possession delayed by . years despite payment - 6efund of deposit with 12: interest +ustified -
2)(1) CPC *) #$C$
/,ousin% >oard delayed construction of house by . years - Allottee entitled to refund with 12: interest without
deduction of 1: of deposits - 2*(2) CPC !! @$P$
/#on-deli&ery of possession despite ma+or amount of payment - De&eloper directed to refund amount with 12:
interest - 2*(2) CPC 1)2 #$C$
/#on-deli&ery of possession of plot despite deposit of bid money - #or deposit was refunded - 0P directed to
refund deposit with 1: interest - 2)(2) CPC * #$C$
/0P failed to construct the flat within time e&en after recei&in% amount of 6s$*5*5 - Commission ri%htly
directed refund of total amount with 12: interest - 2((1) CPC "* #$C$
11.
/6efund of earnest money was allowed within two months of the draw of lots when applicant remained
unsuccessful - ,-DA not liable to pay interest on deposits - 2*(2) CPC )2) ,r$
/efund+forfeiture 6efund was claimed as ,-DA delayed possession Deduction of 1: price by ,-DA
un+ustified - 21(2) CPC (11 #$C$
/efusal to Allotment - 0thers allotted plots i%norin% complainants interest - Demand of hi%her price for
alternati&e plot - Claimant entitled to 13: interest on deposits - 2"(1) CPC )) 1$C$
/egistration deed - Allotment authority refused to e9ecute re%istration of deed after deli&ery of possession of
allotted plot - Directed to e9ecute the deed and pay 6s$ ! as compensation - 2.(2) CPC *!) #$C$
/egistration fees - Complainant claimin% refund of re%istration fee paid for house allotment - #ot entitled to
interest on sum of fee - 1!!*(2) CPC * Har$
/egistration of allottee - @ere re%istration of an applicant on part payment does not entitle him for allotment
of plot - ): interest on deposit allowed - 22(2) CPC 21* Chd$
/egistration of appeal - 'or the purpose of limitation date of presentation and not date of re%istration of
appeal should be ta4en into consideration - 1!!3(2) CPC 121 @$P$
/egistration of document - A person presentin% document for re%istration with stamp duty and re%istration
fee is neither aconsumer nor hirer of a ser&ice - 1!!)(1) CPC 1 1$C$
/egistration of sale deed - Petitioner a%reed to e9ecute sale deed after receipt of 6s$ 15 - ,e spent more
money on e9tra wor4 - 6espondent is bound to pay total amount before re%istration - 23(1) CPC .21 #$C$
/e!abilitation policy - 6ehabilitation policy ComplainantBs bein% <tenants= and <Eo&ernment ser&ants= not
co&ered under the <6ehabilitation policy= not considered 6ehabilitation 1cheme 1!3) did not mention any
dis2ualification or oustin% a <Eo&ernment ser&ant= 6elief entitled 2!(.) CPC 223 #$C$
/e-!earing of appeal - 6e2uest for ad+ournment in appeal was declined and case was decided on merit -
Application for rehearin% of appeal dismissed in limine - 1!!*(1) CPC 22. Delhi
/eimbursement - Allottee spent hu%e amount to ma4e the allotted house worth li&in% - Allotment Authority
held liable to reimburse the complainant - 1!!((2) CPC )() -$P$
/elief - Complainant failed to appear on most of the dates includin% date of ar%ument nor produced any co%ent
e&idence - 6elief %ranted to complainant set aside - 2(2) CPC *!! Pb$
/6elief to complainant not to be denied on technicalities i$e$ such as complicated matter - Desh"ir 3erma &$
Hamirpur 'ooperati&e House Buildin) #o+iet$, 1!!)(2) CPC 2.3 ,$P$
--'ora should %i&e relief on all points raised in the pleadin% unless it is shown that complainant has not pressed all
the pleas Case remanded for fresh decision 2!(1) CPC ** #$C$
--2 ba%s of cement purchased Cement was not %rippin% effecti&ely Costly tiles bro4en and sewera%e
system dama%ed by use of cement 6espondent directed to compensate the appellant 21(1) CPC .! Pb$
--1tate Commission already %ranted necessary relief by reducin% rate of interest 'urther relief declined in
re&ision 21(1) CPC *"2 #$C$
--,-DA recei&ed total tentati&e price of 6s$ (53!5.) from the allottee but possession delayed for more than " years
6efund of deposited amount allowed without deductin% 1: price with 12: p$a$ interest and compensation7cost of 6s$
)5 - 21(.) CPC *11 #$C$
--1tate Commission set aside award of compensation and reduced cost from 6s$ *57- to 6s$ 257- only
6eduction in rate of interest of 12: p$a$ cannot be accepted5 as sufficient relief has already been %ranted
21(1) CPC *" #$C$
--6elief already %ranted &ide main order 6elief cannot be %ranted a%ain in e9ecution proceedin%s -
2!(.) CPC .3( ,r$
--Complainant failed to pay e&en half of total price of flat after ta4in% possession 6elief of interest declined -
21(2) CPC .3 #$C$
--Possession of allotment plot could not be deli&ered as it was included in the city centre 6efund with 12: p$a$
interest and cost is ade2uate relief - 21(2) CPC .)! Pb$
--De&elopers failed to pro&ide necessary flats allotted to the Complainant7 Association 6elief allowed e9cept on
issues triable by ci&il court for committin% %ross ne%li%ence - 21(2) CPC .22 #$C$
--1tate Commission dismissed as bein% infructous because necessary relief was already %ranted Impu%ned 0rder
does not suffer from any ille%ality - 21(2) CPC 2!. #$C$
11"
--6e-allottee of plot is not entitled to same relief as %ranted to ori%inal allottee for delay of allotment 2!(1) CPC
(2( 1$C$
--1tate Commission %ranted minimum relief by directin% allotment of alternati&e plot with nominal compensation of
6s$ *5 to sufferin% liti%ant 6elief held to be +ustified 21(1) CPC "2" 1$C$
/elief in interest - P-DA could not deli&er possession of plots due to order of status 2uo passed by the ,i%h
Court 6elief in interest for delayed possession un-warranted 2!(.) CPC !2 1$C$
/emand - Fhen only course is left to do substantial +ustice to the party by way of remandin% the matter5 case
should be remanded for fresh re-ad+udication - 2)(1) CPC )*3 ,r$
--Case remanded to ,-DA for necessary relief - >ut Cstate 0fficer dismissed the claim Case remitted to Chairman
,-DA to %rant relief in accordance with law with due consideration 2!(1) CPC (! 1$C$
--Appeal dismissed due to non deposit of cost of 6s$ 25 - Petitioner offered to pay cost of 6s$ 15 if
case is decided on merit 6espondent accepted the offer Case remitted for fresh decision on merit - 2!(.)
CPC )." #$C$
--Impu%ned order passed without decidin% le%al pleas raised by opposite party about allotment - Impu%ned order
2uashed - Case remanded for fresh decision - 1!!3(2) CPC 13* Chd$
/1tate Commission i%nored report of Commissioner relatin% to construction of flat done by builders - Case
remanded for fresh decision to lower authority - 22(1) CPC ).. #$C$
/emand order - 6i%ht of re&isionist not affected by remand order - 6e&isionist entitled to defend its case
before 'orum - 0rder upheld - 21(2) CPC .(" Chd$
/emedy of appeal - #on sanction of buildin% plan - 6emedy of appeal not a&ailed under rele&ant law -
Complaint under C$P$ Act not maintainable - Heera Lal Bansali &. /a)ar /i)am, 0ota5 2*(2) CPC 2*1 6a+$
/endering services - ,ousin% acti&ities is duly co&ered by definition of <renderin% ser&ices= and anybody
a&ailin% such ser&ice is a consumer - 2)(1) CPC )3( #$C$
/epair - Determination of 6s$ 135( spent on repairs by allottee by 1tate Commission without any co%ent
reasons - Amount reduced to 6s$ 15( - 1!!)(2) CPC ..( #$C$
/es judicata - 6e+ection of earlier case based upon different %rounds5 is no bar to subse2uent complaint -
1!!"(1) CPC )1* Delhi
/Complaint of ComplainantBs husband was dismissed in default - Complaint filed by wife for refund of plot price
not barred by principle of res (udi+ata - 1!!!(2) CPC "!" -$P$
/eserved quota of !ouses - ComplainantBs name included in %eneral cate%ory instead of reser&ed retirement
2uota - ,ousin% >oard directed to refund earnest money with *: interest and compensation of 6s$ * - 2(1) CPC
2" >ihar
/eserved price - Complainant refused allotment of plot at reser&ed price of 6s$ 133*7- which was re&ised at 6s$
237- per s2$ yd$ 0rder of 1tate Commission directin% authorities to consider case of allotment at re&ised rate upheld
2!(.) CPC .3 #$C$
/esorts facilities - 0P failed to pro&ide resorts facilities as a%reed - 'abrication of letters not belie&ed - 6elief
upheld - 23(1) CPC *! #$C$
/estoration application - Petitioner had approached 6e%istrar Co- op$ 1ocieties and also ,i%h Court before
comin% into Consumer 'ora - Proper remedy lies in ,i%h Court and not before Consumer 'ora - 22(1) CPC .)* #$C$
/esumption of plot - Instalments of plot not paid by allottee - 6esumption of plot is +ust and proper - 1!!((1)
CPC *31 ,r$
/Plot resumed due to non payment of balance money but restored sub+ect to payment of enhanced amount by
Administrator ,-DA - Appeal not maintainable under CP Act - 23(1) CPC ** #$C$
/esumption of site - Allotted plot resumed in 22 by ,-DA for ma4in% default in payment Complaint
filed in 2) 6esumption of plot upheld 2!(.) CPC (1) #$C$
--Complainant failed to pay balance price of booth purchased in open auction Pro&idin% of basic amenities cannot
be made a basis for non payment of balance price 21(1) CPC *3 ,r$
/esumption proceedings - 1uch fee cannot be imposed for the period durin% which resumption proceedin%s
before allotment authorities are continuin% - 23(1) CPC 11. Pb$
/etransfer of plot - ,-DA cannot refuse permission to transfer allotted site in the name of third person on the
%round that dispute is pendin% in the court - 2((2) CPC 3 ,r$
11*
/etrospective effect - A scheme of Allotment cannot be applied retrospecti&e unless pro&ided otherwise -
%mpro&ement .rust, Bhatinda &$ 3ish2a /ath 'hha"ra, 1!!3(1) CPC .(1 Pb$
/0nce an applicant became entitled to allotment under old 6ules (1!(*) he cannot be depri&ed of his ri%ht by
subse2uent 6ules (1!3.) which are not retrospecti&e in nature- 0ul2ant 0aur &$ 'hairman, %mpro&ement .rust, 2.(1)
CPC 123 Pb$
/1ite plan with re2uisite fees submitted in accordance with e9istin% policy - 1anction of plan cannot be affected by
subse2uent chan%e in policy - 2.(1) CPC ". Chd$
/8ransfer of booth cannot be refused by subse2uent chan%e in policy of allotment or sanction of plan - 2.(1)
CPC "1. Chd$
/evision - 0nce appeal a%ainst order of District 'orum has been dismissed5 6e&ision by 1tate Commission
cannot be entertained - 1!!!(2) CPC 1.2 ,r$
/6e&ision a%ainst order passed in e9ecution proceedin%s is maintainable and not the appeal - 2(2) CPC (13
-$P$
/6e&ision a%ainst order passed in e9ecution proceedin%s - 6elief e&en if +ustified5 cannot be %ranted in re&ision -
2.(2) CPC *." #$C$
/6e&ision to Commissioner a%ainst order passed u7s . of ,-DA Act is not maintainable - Pama 6du+ational and
Human 9el1are #o+iet$ &$ #tate o1 Har$ana, 2.(2) CPC !3 ,r$
/evision wit!out merit 'indin% on water surchar%e already %i&en by the ,onBble ,i%h Court 6e&ision
filed by ,-DA bein% without merit stands dismissed - 21(2) CPC 1.3 #$C$
/ig!t of Property - 8his ri%ht now has ceased to e9ist after the ""th amendment of the Constitution - 1!!.
CPC ()" ,r$
/ules violation - Petitioners depri&ed allotment of plot by wron%fully includin% name of other applicant -
6espondent directed to %i&e plot to petitioner - 1!!((1) CPC 1(* Pb$
&ale agreement - An amount of 6s$ 2*57- paid for boo4in% of house Dispute arose about rate of price of
house #o sale a%reement produced 6efund of boo4in% amount ordered by 'ora below 0rder upheld 211(1) CPC
1! #$C$
&ale and purc!ase of land - 1ale and purchase of a%riculture land does not come under the pro&isions of
Consumer Dispute Complaint under CP Act not maintainable - 21(.) CPC 1! F$>$
&ale Deed - -nilateral act of cancellation of sale deed a%ainst balance payment ordered - 2.(2) CPC ))1 A$P$
&ale Deed eecution - Complainant allottee suffered hu%e loss due to non e9ecution of re%istration deed by
opp$ party - C9ecution of sale deed is part and parcel of a%reement - Complainant deser&es relief - Case remanded -
1!!!(1) CPC .*) @$P$
/Allottes depri&ed of e9emption due to delay in re%istration of sale deed of house - 0pposite Party->oard directed
to pay for stamp on e9ecution of sale deed - 2*(1) CPC *) @$P$
&ale Deed of 'lat - Coloniser after ha&in% recei&ed full price is bound to %et the sale deed re%istered -
Cancellation of coloniserBs license under ,aryana Act5 1!(* is no bar - 1!!((1) CPC ""1 #$C$
&anction of Plan - 0pposite party failed to %et the plan of plot sanctioned from Authority - Directed to refund
deposits with 1*: interest - 0iran Real 6states and 'onstru+tions (*-s.) &. /a)alla Anand #ai #udha4ar, 1!!!(1) CPC
)32 A$P$
&cope of C0P0 Act - A Eo&ernment body or a local authority is as much amendable to the C$P$ Act as any
pri&ate body renderin% similar ser&ice - 1!!"(1) CPC 1 1$C$
/1cope of 1ection 1"(1)(e) of C$P$ Act is not confined to liti%ation costs - It includes ade2uate costs to parties -
21(2) CPC ).* #$C$
&elf 'inance &c!eme - #o interest is payable on the amount deposited with a 1elf 'inance 1cheme of plot
allotment - 1!!"(1) CPC )23 Delhi
&elf imposed restraint - A&ailability of alternati&e remedy is a self imposed restraint - Cannot be applied in
each and e&ery case - 1!!3(2) CPC 1 Pb$ G ,r$ ,i%h Court
&eller+purc!aser Purchaser of %oods cannot be said to be a consumer nor the seller is a ser&ice
pro&ider under CP Act 21(1) CPC *"" #$C$
&ervice -Kuestion relatin% to allotment of house7flats comes under the pur&iew of consumer +urisdiction as they
contain element of hirin% of ser&ice - 1!!3(2) CPC 1 Pb$ G ,r$ ,i%h Court
11)
--1er&ice is duly co&ered under ser&ice as defined u7s 2 (1) (o) of CP Act Complaint is maintainable
21(1) CPC 2! ,r$
/8here is no difference in residential or commercial plot for the purpose of renderin% ser&ice u7s$ 2 (1)(o) of C$P$
Act - Complaint cannot be dismissed merely that plot is commercial - 1!!!(1) CPC 3) ,r$
/1er&ice rendered by 1himla De&elopment Authority is a ser&ice under 1ection 2 (1) (o) of the Act in the allotment
matters - 1!!. CPC ((( ,$P$
--,ousin% ser&ice is co&ered under definition of ser&ice u7s 2 (1) (o) of the Act Complaint is maintainable
2!(.) CPC )3) ,r$
--8he term <ser&ice= includes house buildin% acti&ities carried on by pri&ate or statutory body 21(1) CPC ""
#$C$
/<,ousin% Construction= as used in 1ection 2 (1) (o) includes5 residential as well as commercial buildin%s -
1!!*(1) CPC )*3 #$C$
&ervice of &ummons - -nder the a%reement relatin% to de&elopment of plot *: of undi&ided share to be
transferred to 0P in lieu of cost of construction - #either complainants are consumer nor 0P is ser&ice pro&ider - 2((2)
CPC "3 #$C$
/>uilder a%reed to raise construction on land of landowner with certain terms - >uilder is a ser&ice pro&ider -
Complaint is maintainable under CP Act - ,a<ir 'hand Gulati &. Uppal A)en+ies P&t. Ltd.5 23(2) CPC (12 1$C$
&ervice provider - Plot purchased in open public auction Purchaser is not a consumer Allotment authority
is not ser&ice pro&ider under CP Act 21(1) CPC *"" #$C$
&ervice #a - Payment of house ta9 cannot be construed as payment of consideration for ser&ice - 1!!. CPC (.(
Pb$
&ettlement in writing $ 1ettlement of dispute put into writin% #o coercion pro&ed 6elief declined
2!(1) CPC 31 #$C$
&ewerage - @unicipalities are duty bound to repair the sewera%e system and to protect the residents from any
dama%e or incon&enience - 1!!"(2) CPC .)( Delhi
&ewerage connection P-DA officials directed to %i&e sewera%e connection in prescribed period If
connection is not %i&en in time senior officials should be held personally liable 21(1) CPC 1!3 Pb$
&ewerage Line - Complaint a%ainst Delhi De&elopment Authority about crac4s in sewera%e line not
maintainable - 1!!. CPC )1 Delhi
&ewerage Pipe - 1ewera%e pipe was duly repaired whene&er the Department was approached - Compensation to
complainant denied - 1!!"(1) CPC 23 ,$P$
&ewerage &ystem - A person is not a consumer merely that he pays the house ta9 - 6elief for dama%e caused
by faulty sewera%e system denied - 1!!. CPC (.( Pb$
/As no sewera%e system was pro&ided in the entire city - #on pro&idin% of this facility in the instant scheme of
allotment does not constitute any deficiency in ser&ice - 2((2) CPC (1* #$C$
--Allottees facin% nuisance of pumpin% out sewera%e water Immediate remedy of pumpin% out dirty water must be
pro&ided by P-DA 1ewera%e connection also be %i&en in short period 21(1) CPC 1!3 Pb$
/Claim a%ainst @$C$ for defecti&e sewera%e system - 6elief can be sou%ht from Ci&il Court - 1!!3(2) CPC .)" Pb$
/In the interest of +ustice ,-DA should remo&e the %rie&ance re%ardin% defecti&e sewera%e system in the colony -
Gurdas 'hand #in)la &. Har$ana Ur"an De&elopment Authorit$, 1!!((1) CPC *" ,r$
&!op - 1hop allotment without shutter - Complainant entitled to refund with interest - 1!!"(1) CPC 1" -$P$
&!op allotment - ?esser area of shop i$e$ 1* s2$ ft$ instead of 2(! s2$ ft$ %i&en to allottee - 6efund of deposit
for lesser area allowed - 1!!3(1) CPC 2". #$C$
/8entati&e date %i&en for deli&ery of possession - Delay in %i&in% possession without char%in% escalated price5 does
not constitute a deficient ser&ice - 1!!"(1) CPC )3! #$C$
--0P was directed to 6s$ 257- per day whiche&er is less and also to pro&ide necessary facilities as 0P had recei&ed
the price but possession not deli&ered 0rder upheld 211(1) CPC ") #$C$
&!op area - >uilders reducin% .*: area of allotted shop - Allottee held entitled to refund full deposit with 13:
interest - 1!!*(2) CPC *!( Delhi
/1hopBs area allotted to complainant found to be short in measurement - Complainant held entitled to relief -
1!!*(1) CPC .! @$P$
11(
&!opping Comple - Complaint by allottee of plot in a 1hoppin% Comple9 alle%ed to be under de&eloped -
Complainant not satisfied with report of @ember of 'orum - Complaint rele%ated to Ci&il Court - #at$a Pal &. .he
%mpro&ement .rust, ,ateha"ad, 1!!3(2) CPC 23" ,r$
&!ort fall in area - >uilders constructed houses as per sanctioned plan and a%reement - @inor short fall in
saleable area does not amount to deficiency in ser&ice - 1!!!(2) CPC *!3 1$C$
&i.! migrant - Allotment to 1i4h mi%rant - Allotment not to be refused by P-DA if period for payment is
e9tended by Eo&ernment - 1!!!(2) CPC *"* Chd$
&i.! *igrant &c!eme - Application for allotment under <1i4h @i%rant= cate%ory - Deposit returned after
chan%e in policy - 6elief declined - 1!!!(1) CPC )*" Chd$
&imple interest - It is settled law that ,-DA cannot char%e compound interest on the balance amount 0nly
simple interest is payable by the allottee - 21(.) CPC "!( #$C$
&ite plan - 1ite plan with re2uisite fees submitted in accordance with e9istin% policy- 1anction of plan cannot be
affected by subse2uent chan%e in policy - 2.(1) CPC ". Chd$
&ite purc!ased in open auction - 6esidential site purchased in open auction sale - Complainant is not a
consumer under the C$P$ Act - 22(2) CPC ) Chd$
&oa.well - 8wo soa4well pro&ided for 1ocietyBs tenement found to be sufficient - >uilders not at fault for not
pro&idin% more soa4wells - 1!!)(2) CPC "21 #$C$
&ocial welfare - Allotment authority are a welfare set up and e9pected to render ser&ice well within time to the
allottee - 2.(2) CPC *3" #$C$
&ociety - Demand of interest at the rate of 2": P$A$ from a member of 1ociety is un+ust - 12: interest is
reasonable - 1!!((2) CPC ) ,r$
&ocieties Act - Nurisdiction of consumer fora not barred by pro&isions of the Cooperati&e 1ocieties Act - 2.(2)
CPC 2! #$C$
/1ection )" or 32 of @$ P$ 1ocieties Act is no bar a%ainst a Consumer complaint in &iew of 1ection . of Consumer
Protection Act - 2"(1) CPC )31 Chhittis%arh
/Pro&isions of @$ P$ 1ociety Act is no bar a%ainst remedy a&ailable under Consumer Protection Act - 2"(1) CPC
)(* Chhittis%arh
&ociety Act+C0P0 Act - Pro&isions of @$ P$ 1ociety Act is no bar a%ainst remedy a&ailable under Consumer
Protection Act - 2"(1) CPC )(* C$E$
&ociety loan - Complainant was approached to pay additional amount of 6s$ (5 after repayment of total loan -
0pposite party held liable for deficiency in ser&ice - 1!!!(2) CPC .! A$P$
&pea.ing )rder - Impu%ned order not dealin% with pleas raised by opposite party - #ot a spea4in% order -
1!!((1) CPC *)" Delhi
--0pposite party failed to complete unfinished wor4 in flats - Directions %i&en by District 'orum to do the needful
do not re2uire an interference on the %round that order is not a spea4in% order - Prasanta 0umar Datta &. Partha 0umar
*u4her(ee, 2(1) CPC "*2 F$>en%al
&pecial Act - Pro&isions of Consumer Protection Act cannot o&erride pro&isions of Companies Act in company
affairs - 1!!3(1) CPC 1"* Pb$
&pecific performance - 0P failed to e9ecute sale deed of house as per terms of a%reement - 'orum ri%htly
ordered 0P to refund double of ad&ance money - Consumer +urisdiction not barred - 23(1) CPC ".! Pb$
--A%reement between landowner and builder for construction with some considerations - Complaint cannot be
re+ected on the %round that it is a case of specific performance - 23(2) CPC (12 1$C$
&tale claim - A stale claim is not entertainable under the C$P$ Act - 1!!. CPC "*2 ,r$
--Cause of action arose in 1!(2 - Complaint filed in 1!!2 - 1uch a stale claim cannot be accepted - 2.(2) CPC
."2 #$C$
/#o relief can be %i&en on a 1tale claim - Principles of ?imitation Act fully applicable to consumer proceedin%s -
1!!. CPC )2) Pb$
&tamp duty - Payment of stamp duty and re%istration char%es are re2uired to be paid at the time of e9ecution of
deed - Carly demand by builder held un+ustified - 2)(1) CPC ).! #$C$
113
--,ousin% >oard not bound by assurance %i&en by 1tate Eo&ernment to %i&e e9emption from payment of stamp duty
and re%istration char%es contrary to notification withdrawin% the e9emption - 2!(2) CPC "32 #$C$
&tandard design - 6espondent failed to deposit 6s$ 1" necessary for pro&idin% standard desi%n - Appellant
not at fault for delay in pro&idin% standard desi%n - 2)(2) CPC *!( ,r$
&tatus quo order P-DA could not deli&er possession of plots due to order of status 2uo passed by the ,i%h
Court 6elief in interest for delayed possession un-warranted 2!(.) CPC !2 1$C$
&tatutory body - A 1tatutory body li4e EDA cannot be e9pected to cause %larin% harassment to a consumer in
matter of allotment of plot - 2((2) CPC )31 #$C$
/C&en a statutory body is not outside the pur&iew of the Act - @unicipal Committee Pune held liable to pay interest
of 12: on deposit - 1!!1 CPC 1.2 @aha$
&tatutory deposit - 6e2uisite amount under pro&iso to 1ection 1* of C$P$ Act not deposited - Appeal dismissed
as not maintainable - 2*(2) CPC "3. ,r$
/6e2uisite amount under pro&iso to 1ection 1* of C$P$ Act not deposited - Appeal dismissed as not maintainable -
2*(2) CPC "3 ,r$
&tatutory duty - Collection of water char%es by @$C$ is a statutory duty - #ot a consumer dispute - 2.(1)
CPC *") Pb$
/Complaint a%ainst non performance of statutory duty by a public ser&ant is not maintainable under C$P$ Act -
22(1) CPC )** 0rissa
/@unicipality failed to communicate assessment order despite payment - Directed to pay compensation of 6s$
15 for not dischar%in% statuary duties - 2)(2) CPC (1( #$C$
--C&en when no ob+ection a%ainst time barred complaint is ta4en in written statement it is the duty of Consumer
'orum to consider ob+ection of limitation by itself - 23(2) CPC )1 ,r$
/#on supply of certified copies of re&enue records is not co&ered under C$P$ Act as it comes under 1tatutory
functions of Eo&t$ - 21(1) CPC *) @$P$
&tatutory functions - Complainants house dama%ed due to layin% of @$C$ water pipe - @atter not co&ered by
1tatutory functions of @$C$ - 6elief %ranted - 2.(1) CPC *.! Pb$
&tay - @ere pendency of appeal does not operate as a stay - 0an+han 0apoor (#mt.) &. Pun(a" Ur"an Plannin)
and De&. Authorit$, 2*(1) CPC ) Chd$
--@ere filin% of appeal does not operate as an automatic stay of the order under challen%e - 1!!. CPC .") -$P$
/Powers of passin% suitable orders such as %rant of stay is not outside the pur&iew of the Consumer Protection Act
- 1!!. CPC .") -$P$
&ub judice matter - Complaint under the Act not maintainable when the matter is under sub-+udice - 1!!1
CPC 1.1 #$C$
&ubsequent purc!ase - A purchaser of plot from ori%inal allottee cannot demand alternati&e plot on ori%inal
price on the %round that locality of plot has not been properly de&eloped - 21(1) CPC 123 ,r$
--Complainant subse2uent purchaser of ,-DA plot - #o dues standin% a%ainst ori%inal allottee - ,-DA directed to
compensate complainant and to chan%e his name in record - 22(1) CPC ).3 #$C$
&ub-standard cement 1ub-standard 2uality cement supplied 1tren%th of cement reduced by at least ":
as per %uidelines @anufacturer5 trader and dealer +ointly and se&erely held liable for compensation of 6s$ 1 lacs with !:
interest - 2!(2) CPC 21" #$C$
&ufficient cause - Delay due to inefficiency of 1tate officials - #ot a sufficient reason for condonation of delay
- 21(1) CPC **! Pb$
/Cach and e&ery dayBs delay should be e9plained with sufficient reason for condonation of delay - 2"(2) CPC
... Chd$
/?on% distance is no %round for condonation of delay - 2.(2) CPC 31 #$C$
--Delay due to time spent in translation of document from &ernacular to Cn%lish is not a sufficient %round - 2.(1)
CPC 11 #$C$
&ufficient reason Delay of )12 days in filin% re&ision petition Procedural delay cannot be made a %round
for condonation particularly when ,-DA has a le%al cell to ta4e a prompt action in dealin% with the cases of allotment
21(1) CPC ).. #$C$
11!
&uppression of fact - Proceedin%s 2ua the same plot are pendin% before the #ational Commission which fact
was 4nowin%ly concealed by the complainant - 6elief declined - 1!!3(1) CPC )33 ,r$
&urrender of plot - Allottee deposited 2*: of total price of plot - 1urrendered plot before its instalment
became due - Authorities directed to refund price after deductin% 1: of price with 13: interest - 2(2) CPC ") Chd$
/Complainant7allottee surrendered the plot &oluntarily - #ot entitled to claim relief under C$P$ Act - 1!!((2) CPC
2(2 Har$
--Complainant surrendered the plot of his own will Price was refunded after forfeitin% 1: of price Prayer for
re-allotment after . L years cannot be acceded to 21(1) CPC *"1 #$C$
--0nce allottee has surrendered his plot of his free Fill5 ,-DA is not bound to ma4e re-allotment of the plot C&en
forfeiture of 1: price is +ustified 21(1) CPC 2(( ,r$
--0nce allottee has surrendered the allotted plot5 ,-DA is entitled to cancel the allotment with forfeiture of 1:
deposited amount 21(1) CPC ).* ,r$
/,ousin% 1ociety surrendered the allotted plot at its own - 6efund of entire amount by ,-DA is an e9tra fa&our
,-DA not liable to pay interest on the amount - 1!!((1) CPC *2. ,r$
/1urrender of plot due to lac4 of amenities - Complainant entitled to refund of deposit with !: interest as it is not a
&olunteer surrender of plot - 22(1) CPC "2) ,r$
/Doluntarily surrender of plot - ,-DA is liable to refund deposits after deductin% 1: of cost of plot - 22(2)
CPC .1! ,r$
&urrender of &0C0)0 Plot - Complainant surrendered 1$C$0$ plot - 1: of 2*: of price (not of total price)
can be forfeited - 1!!!(2) CPC 2** Chd$
&urrender 7alue - Allottee re2uested for refund of deposit as plot was under de&elopment - 6efund of deposit
after deduction of 1: &alue allowed - 6efund of surrender &alue only is ille%al - 1!!((2) CPC ")* ,r$
#0D0&0 deduction - Allotment authorities cannot deduct 8$D$1$ from interest amount to which allottees are
entitled - 2"(2) CPC ")) 1$C$
/,$-$D$A$ reco&erin% 8$D$1$ amount from allottee directed to refund the same with 1*: interest - 2*(1) CPC
212 1$C$
/Allottee paid substantial amount but possession was delayed by ,$-$D$A$ - Allottee entitled to 1*: interest on
deposits - Deduction of 8$D$1$ by ,$-$D$A$ un+ustified - 2"(2) CPC )!2 1$C$
/,$-$D$A$ committed deficiency in ser&ice by delayin% possession - ,$-$D$A$ not entitled to deduct 8$D$1$
amount from refundable amount - 2"(2) CPC )3" 1$C$
/,$-$D$A$ deducted 8$D$1$ from amount of interest payable to allottee on deposits - Deduction disallowed -
2*(1) CPC 2"1 1$C$
--,$-$D$A$ delayin% possession of plot - Deduction of 8$D$1$ amount un+ustified - 2*(1) CPC 2.! 1$C$
/,$-$D$A$ failed to deli&er possession despite substantial payment - Directed to Pay 13: interest on deposited
amount and not to deduct 8$D$1$ amount - 2"(2) CPC )!* 1$C$
/,$-$D$A$ failed to deli&ery possession of allotted plot despite payment of substantial amount - ,eld %uilty of
deficiency in ser&ice and directed to refund 8$D$1$ with interest - 2"(2) CPC (1 1$C$
/Possession not deli&ered despite substantial payment - ,$-$D$A$ to pay 1*: interest without deductin% 8$D$1 -
2"(2) CPC )3* 1$C$
/-ndue delay in deli&ery of possession despite substantial payment - ,$-$D$A$ directed to pay 1*: interest on
deposited amount without deduction of 8$D$1 - 2"(2) CPC (2 1$C$
#at.al fees sc!eme $ 8ime of one and half year in deli&ery of possession under <8at4al fee= scheme does not
constitute any deficiency in ser&ice - 21(.) CPC .(! #$C$
#a collection - Collection of water char%es by @$C$ is a statutory duty - #ot a consumer dispute - 2.(1)
CPC *") Pb$
#a payer - A resident of @unicipal Committee is not a consumer merely by payin% the @$ C$ ta9 - 1!!"(2) CPC
1*" ,r$
#ec!nicalities - 8echnicalities of 6ules and procedures should not stand in the way of renderin% +ustice to the
parties - 2)(1) CPC )*3 ,r$
/Consumer 'ora should a&oid technicalities to remo&e consumer %rie&ance in conte9t of beneficial le%islation -
Deepali Di)am"er Parse4ar (#mt.) &$ *-s. #hreenath Builders, 22(1) CPC 22" Eoa
12
#ec!nical epert - Appointment of e9pert by District 'orum to 4now the real condition of buildin% is not
ille%al - /a$a4 Parmar Asso+iates and 7thers &$ Pra4ash *. #an)h&i, 1!!3(1) CPC 231 Eu+$
#enancy - 8enant a&ailin% amenities held to be consumer under the Consumer Protection Act - 1!!"(2) CPC *2"
0rissa
#enant+landlord - 8enant see4in% repair of house from landlord - 8enant not a consumer - 6elief declined -
1!!. CPC "12 Har$
#enements - 1er&ice rendered in construction of tenements comes within the pur&iew of consumer +urisdiction -
1!!3(2) CPC 1)! ,r$
#entative cost - Allotment authority cannot raise tentati&e cost when no additional compensation has been paid
to ori%inal landowner whose land has ac2uired - 2!(2) CPC 2!2 #$C$
#entative price - Allotment Authority can enhance price of plot allotted on a tentati&e price - 22(1) CPC ).
Chd$
/Allotment made on the basis of tentati&e price - Demand of increased price by P-DA not un+ustified - 2)(1)
CPC )** 1$C$
/De&elopment authority is entitled to enhance the tentati&e price of the allotted house - Amrit Lal 'hum &$ #himla
De&elopment Authorit$, 1!!. CPC 1!( ,$P$
/Difference in price due to rise in cost of materials etc$ should be paid by allottee - :.P.#. 'hadha &$ Pun(a" Ur"an
Plannin) and De&elopment Authorit$, 1!!)(2) CPC .!" Chd$
/Price of plot was mentioned as tentati&e - ,$-$D$A$ is entitled to enhance the price - 1!!"(2) CPC 3. #$C$
#erms of allotment - 8erms and condition 2ua alternati&e plot remains the same as applicable to ori%inal plot
- ,-DA cannot char%e enhanced price - 22(1) CPC "22 ,r$
--8erms of allotment pre&alent at the time of application %o&erns the parties - 2(1) CPC 13( Chd$
#ilting of !ouse ,ouse constructed by 0P started tiltin% to one side 0P directed to re-construct or pay 6s$
25"5 as per report of Ci&il Cn%ineer - 21(.) CPC *.! @$P$
#o.en compensation - #ecessary facilities of roads etc$ not pro&ided to allottee - 0nly a charitable &iew in
awardin% to4en compensation is un+ustified - Case remanded - 2*(1) CPC **) Chd$
#ransfer by allottee An allottee of ,-DA plot had not cleared the outstandin% balance Allottee cannot be
%i&en benefit of transfer policy unless balance is made clear 2!(1) CPC )1( #$C$
#ransfer of case 1tate Commission transferred complaint to District 'orum as claim was e9a%%erated - 0rder
does not suffer from any ille%ality - 23(2) CPC .)" #$C$
#ransfer of plot - As per condition of allotment5 plot could not be transferred before 1 years e9cept in
e9ceptional circumstances - 6efusal to transfer before 1 years does not amount to deficiency in ser&ice - 1!!!(1) CPC
*3 Chd$
/Allottee cannot be refused permission to transfer of plot simply that proceedin%s are pendin% before appellate
Authority - 2((1) CPC )** ,r$
--Plot in 2uestion transferred throu%h EPA on 3$1$1!!( Cancellation of EPA on 1$.$2* will not affect the
transfer of plot 6elief %ranted by District 'orum upheld 21(1) CPC 2. #$C$
/>y policy for transfer of plot5 transfer in fa&our of third person stopped - C9ecution of deed of transfer declined
but compensation 6s$ 1*5 allowed - *ehar 0aur &. #tate o1 Pun(a"5 2"(2) CPC *.1 Chd$
/Consumer 'orum cannot %rant declaration relatin% to nature of transfer of a plot as they are not the ci&il court -
2)(2) CPC (1 #$C$
/Plot transferred with appro&al of ,$-$D$A$ - 8ransfer5 in no way5 is ille%al - H.U.D.A., Gur)aon &$ Ram Par4ash
Piplani, 1!!. CPC **1 ,r$
/6efusal to transfer plot in otherBs name5 in the absence of necessary documents5 is not a deficiency in ser&ice -
#mt. *a$a De&i &$ 6state 711i+er, H.U.D.A., Pan+h4ula, 1!!. CPC "!1 ,r$
--8ransfer of plot in name of subse2uent transferee allowed by ,ousin% >oard after recei&in% payment - P$-$D$A$
its successor is bound to sanction transfer of plot in the name of transferee - 1!!!(1) CPC "). Pb$
#ransfer of &C' Complainant prayed for transfer of 1C' in his name thou%h site was already sold to another
person @atter bein% complicated parties were rele%ated to ci&il court 8ransfer of site denied - 21(.) CPC ). Pb$
#ransfer policy - ,-DA refusin% to e9ecute con&eyance deed in fa&our of transferee of booth from ori%inal
allottee - Directed to transfer the site with compensation of 6s$ "5 - 2.(2) CPC "!! #$C$
121
#ransferee - A transferee of P$-$D$A$ plot5 bein% beneficiary co&ered under the definition of a Consumer -
1!!!(1) CPC "( Pb$
#ransferee of site - Complainant is a transferee of %odown site purchased in open auction - ,e not bein% a
consumer cannot claim compensation for lac4 of amenities - 2(2) CPC .! Chd$
Unaut!orised -uilding - Construction of house after submittin% of plan - >uildin% cannot be said to be
unauthorised - .a((uddin &$ #mt. Lu8mi 0apoor, 2"(1) CPC " -ttranchal
Unaut!orised Construction - A%reement between parties for construction of buildin% without sanction of
plan - -nauthorised construction cannot be brou%ht under a consumer dispute - 2.(1) CPC )" #$C$
Under Developed Area - Plot allotted in under de&eloped area - #o step ta4en to de&elop it - Allottee
entitled to be compensated - :.3.G. ,inan+e Ltd. (*-s.) &$ Ra( 0umari, 1!!3(2) CPC *1) Pb$
Under Protest - Deli&ery of possession accepted sub+ect to protest - 6elief of interest on deposits not barred -
1!!3(1) CPC 1!* ,$P$
Underta.ing - -nderta4in% %i&en by ,ousin% 1ociety not to claim any dama%es if new site be allotted to it -
1ocieties cannot claim any compensation after allotment of new site - 2.(1) CPC ).. #$C$
Undeveloped Area - De&elopment of area shown on paper only - ,$-$D$A$ liable for deficiency in ser&ice -
1!!3(1) CPC )22 ,r$
/@ere presence of bushes around the buildin% does not pro&e that area remains unde&eloped when other amenities
ha&e been pro&ided - A&tar #in)h Ri4h$ and 'ompan$ &$ 'handi)arh Administration, 1!!((1) CPC .)* Chd$
Unilateral Act - Debenture sold for 1 years - Company raised period upto . years unilaterally - Claimant
entitled to full amount with 1*: per annum interest and 6s$ 25 as costs - D.L.,. Uni&ersal Ltd. &$ Amril Lal 'hopra,
2(1) CPC .) Pb$
Unilateral decision - 6eduction in plot price by ta4in% unilateral decision by allotment authority 0P directed
to pay benefit of reduced price to complainant with costs for &iolation of rules of natural +ustice 21(1) CPC *" -$P$
Unjustified C!arges - Demand of watch and ward char%es from lessee of cycle shed by ,ousin% >oard
amounts to deficiency in ser&ice - 'handi)arh Housin) Board &$ #u4hde& #in)h, 21(2) CPC !1 Chd$
Unlawful agreement - -nder the a%reement allottee refusin% allotment is entitled to refund of deposit without
interest but builder entitled to char%e 2: interest for delayed installment - A%reement is ine2uitable - 23(.) CPC )2
#$C$
Unlawful Compensation - ,$-$D$A$ dra%%ed allottee in unnecessary liti%ation for 1 years - Directed to pay
6s$ 25 as costs of liti%ation - 1!!((2) CPC 221 ,r$
Unnecessary litigation 1tate Authority should not indul%e in unnecessary liti%ation which clo%s the
wheels of +ustice Public Impro&ement 8rust directed to ad&ise its officers to a&oid unnecessary liti%ation
instead of remo&in% %enuine %rie&ances of liti%ants 21(1) CPC "2" 1$C$
Unreasonable demand - ,-DA demanded e9cess amount from allottee on bald statement and without any
audit report Demand held to be un+ustified and hence 2uashed - 21(.) CPC !2 #$C$
Unsafe -uilding - 1hop room allotted by @unicipality a%ainst payment found to be in unsafe condition -
@unicipality is liable for deficiency in ser&ice - 1!!3(2) CPC 2(. F$ >en%al
Unsanctioned plan - >uilder raised construction of flat with sanction of plan which complainant a%reed to
purchase for 6s$ 2)5)5 - 1how cause notice to >uilder by @unicipal Corporation to demolish construction 0P
directed to refund price with interest and cost 2!(1) CPC 133 Har$
Untraceable Plot - Plot allotted not traceable due to deep rainy water - Colony unde&eloped - Authorities
directed to pay 13: interest on deposited amount of 6s$ 1*5 to complainant - 1!!!(1) CPC 1*" Chd$
7ague Complaint - Da%ue and omnibus complaint is not maintainable under the Consumer Protection Act -
1!!((1) CPC *" ,r$
7alid )rder - An order dismissin% an appeal on %round of limitation with sound reasons not to be upset in
re&ision - 1!!*(2) CPC ..1 #$C$
/Different orders passed by . members of District 'orum - 0rder passed by President confirmed as it was found to
be more reasonable - 'hie1 Administrator, Har$ana Ur"an De&. Authorit$ &$ Har"ans Lal, 1!!3(2) CPC 1!. ,r$
/0rder of 1tate Commission directin% 0P builder to e9ecute re%istered sale deed based upon co%ent e&idence -
Interference in re&ision unwarranted - 2.(1) CPC ).( #$C$
122
7alidity of )rder - President appended the date below his si%nature while the member had not mentioned the
same - 0rder is not in &iolation of rule "(!) of ,aryana Consumer Protection 6ules 2" - 2((1) CPC .". ,r$
--District 'orum passed a &alid order directin% allotment of plot and determined its price 0rder does not suffer
from any ille%ality - 0rder upheld - 21(2) CPC 22( #$C$
--1tate Commission passed well reasoned order Interference in re&ision declined - 21(2) CPC 1"1 #$C$
/1tate Commission Committed a mista4e holdin% that impu%ned order was passed by two members without the
+unction of the President who actually passed dissentin% order - Impu%ned 0rder set aside - 1!!((2) CPC **2 #$C$
7aluation - Daluation of house for assessment cannot be determined by Consumer Authorities - 1!!)(2) CPC
1!* #$C$
7aluation or /elief - Cost of plot is not a determinin% factor for +urisdiction of 'ora - It is &alue of relief
which is to be considered - Amardeep #in)h Hira &$ 'handi)arh Administration, 2.(2) CPC )1 #$C$
7erification - Derification clause if not si%ned by authoriJed person5 is not le%ally effecti&e - #u"edar *a(or
(Retired) :as2ant #in)h &. Arm$ 9el1are Housin) 7r)anisation, 2"(2) CPC "12 Chd$
7iolation of Contract - 0pposite party ha&in% a%reed to construct the allotted flat offered to allot flat under
another pro+ect - Directed to refund deposits with 13: interest - 1!!3(2) CPC 1.) 8$#$
7iolation of /egulation - 1ubse2uent allotment in other town by ,-DA does not affect the ri%ht of allottee
of flat in @anima+ra by ,ousin% >oard - #o &iolation of pro&isions of ,ousin% >oard 6e%ulations - 'handi)arh Housin)
Board &$ Ramesh 'hander Dha2an, 1!!!(1) CPC ."1 Chd$
7iolation of terms of Allotment - Diolation of terms of allotment by De&elopment authority - Kuestion of
pricin% is no e9cuse where e9ecution of sale deed is bein% denied - 22(2) CPC !( #$C$
9are!ouse Corporation - 8he Corporation is liable to pay compensation at the rate of %oods pre&ailin% at
the time of deposit of %oods and not at day to day fluctuations - 1!!"(1) CPC **. ,r$
9arrants of /elief - Appellants did not comply with order of 1tate Commission - Farrants of arrest issued in
e9ecution upheld - 22(1) CPC )2* #$C$
9ater C!arges - D$D$A$ should char%e water char%es on the basis of meter readin% and not a&era%e basis -
1!!"(1) CPC )22 Delhi
9ater connection Cnhanced bill Fater bill issued for cost of water used to construct 1st and 2nd floors
District 'orum directed 0P to collect dues from owners of other floors Complainant liable to ma4e payment as water
was used from his connection 211(1) CPC *)1 #$C$
9ater *etre - @$C$ not entitled to char%e for water supply for the period when metre remained non-functional
- *uni+ipal 'orporation, :alandhar &$ Amrit Lal *alhotra, 1!!3(2) CPC .)" Pb$
9ater Proof Compound - Plaster of house of complainant spoiled due to inferior 2uality of waterproof
compound purchased from dealer - Dealer liable to compensate the complainant - 6n+on 'hemi+als (*-s.) &$ *-s. 0aruna
5o)asharam, 1!!3(2) CPC 213 ,r$
9ater seepage $ Complainant came to 4now about seepa%e of water when upper portion of flat was occupied
by other allottee 0P directed to pay 6s$ 157- with !: interest for repairs carried by the complainant 211(1) CPC
"2( #$C$
9ater supply - Allottee refused to pay @unicipal Corporation Fater char%es - >uilder not liable for non supply
of water for flats - 2*(1) CPC *". #$C$
/Complaint a%ainst non supply of water connection by @$C$ - 1upply of water for domestic purpose is a statutory
function - Complaint not maintainable - 2.(2) CPC *.) #$C$
/Complaint bein% char%ed for supply of water by @$C$ Complaint for deficiency in ser&ice for non-supply of water
can be filed a%ainst @$C$ and the >oard - 1!!((1) CPC )2! Pb$
/Complaint re%ardin% defecti&e water supply in Eo&t$ 2uarter by its occupants - Complainant is not a consumer -
22(2) CPC " 0rissa
/Complaint re%ardin% irre%ularities in water supply by @unicipality is not maintainable - @ere payment of
property ta9 does not ma4e complainant a consumer - 1!!!(2) CPC "!( -$P
/Dama%e caused to house by lea4a%e in water supply line laid by @$C$ - @atter does not come under the ambit of
C$P$ Act - #tate o1 Har$ana throu)h 'olle+tor &. Bha)2an Dass, 2*(2) CPC "( ,r$
/Denial of release of water by @$C$ without sound reasons amounts to a deficiency in ser&ice - 1!!!(1) CPC 111
,$P$
12.
/Disconnection of water supply without prior notice to house owner is a deficiency in ser&ice - 1!!*(1) CPC 1.
A$P$
/@ere payment of water ta9 does not ma4e a person consumer under C$P$ Act - @$ C$ not liable for non supply of
water despite connection - 2*(2) CPC "1 -ttaranchal
/@unicipal Corporation %a&e water connection with insufficient water on .rd application - Compensation raised
from 6s$ * to 15 payable by @unicipality - 2*(1) CPC ).3 Delhi
/0pposite Party Nal >oard failed to send water tan4er for se&eral years as a%reed - Directed to compensation of 6s$
*5 to complainant - 2*(1) CPC "!! Delhi
/1upply of contaminated water by public authority amounts to deficiency in ser&ice - 6espondents directed to pay
compensation and costs - 23(2) CPC )2* #$C$
/8he dispute re%ardin% maintenance of water wor4s does not come under the Consumer Protection Act e&en if the
complainant is payin% the property ta9 - 1!!"(1) CPC 23 #$C$
--8ubewell department not obli%ed to supply water for irri%ation to complainant in absence of any a%reement to that
effect - Complaint not maintainable under Consumer Protection Act - 2"(1) CPC 2.) -ttaran$
/Fater not supplied despite payment of Fater 8a9 - Fater 1upply Authorities held liable for deficiency in ser&ice
- 1!!((2) CPC 2) 1$C$
/Fater supply disconnected before e9piry of notice - Authorities held liable for ne%li%ence - 1!!((2) CPC **(
,$P$
/Fater supply tariff wron%ly char%ed - 0$P$ directed to pay compensation 6s$ 25* for wron% act - 2*(1) CPC
11( Delhi
9ater &upply Line - Dama%e to complainantBs house not caused by water supply line but by act of di%%in% of
compound by complainant - 6elief declined to complainant - 2.(2) CPC .1* Pb$
9ater &upply &c!eme - Demand for loss caused by non supply of water - Claim for period when water
supply was in force is un+ustified - 22(1) CPC 1!) #$C$
9ater 9or.s - Deficiency - De&elopment Authority declined to hand o&er water supply system to complainant
as a%reed earlier - #ot a matter of deficiency of ser&ice - 6elief declined - 1!!1 CPC ."* (2) #$C$
9elfare &tate De&elopment Authority bein% a win% of Felfare 1tate should not demand enhanced price
without reasons - 21(.) CPC .* ,$P$
9ell reasoned order - 1tate Commission passed a well reasoned order directin% allottee to pay total amount
with 1*: p$a$ interest ,-DA not to char%e any penalty 0rder upheld - 21(2) CPC 1" #$C$
9it!drawal of Complaint - Complaint withdrawn without permission - 1econd complaint on same cause of
action not maintainable - 2)(1) CPC *11 Pb$
9it!drawal of deposits - Complainant demanded cancellation of allotment before allotment - Authorities
cannot refuse to refund the deposits - 22(1) CPC 2". Pb$
9it!drawal of sc!eme - After deposit of 6s$ 25(*5 as earnest money for allotment5 scheme was
withdrawn Appellant P-DA directed to pay interest amount of 6s$ 1"5. with cost of 6s$ 2* 21(1) CPC .3 Pb$
9ords and P!rases - QAs is where is basisQ - 8he e9pression does not mean that e&en plot of inferior 2ualities
will ha&e to be accepted - 1!!*(2) CPC 21) #$C$
--8he meanin% of words and phrases includin% <defect= <deficiency= and <ser&ice= e9plained - 21(2) CPC 1"*
#$C$
9rit /emedy - Alternati&e remedy a%ainst interlocutory order a&ailable to petitioner under C$P$ Act - Frit
petition before ,i%h Court not maintainable - 1!!3(2) CPC *32 Allahabad ,$C$
/District 'orum directin% ,$-$D$A$ to allot alternati&e plot where ,$-$D$A$ was not at fault - Impu%ned order
2uashed - 1!!3(2) CPC 1 Pb$ G ,r$ ,i%h Court
9ritten &tatement - -nsi%ned written statement and &erification not si%ned by authoriJed person cannot be
relied upon - 2"(2) CPC "12 Chd$
9rong Demarcation - Allottees cannot be made to suffer for mista4e of ,$-$D$A$ officialBs such as wron%
demarcation - 1!!!(1) CPC 2"( ,r$
:oning Plan - -ndue delay in sanction of Jonin% plan resultin% in delayed possession of plot - ,ousin% >oard
directed to pay !: p$a$ interest on deposited amount - 2.(1) CPC .!) Chd$
12"
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