Wednesday, 6 February 2013

Law: LAW FOR ALL-M.MURALI MOHAN: It is well settled pri...

Law: LAW FOR ALL-M.MURALI MOHAN: It is well settled pri...: LAW FOR ALL-M.MURALI MOHAN: It is well settled principle of law that where a ... :  "It is well settled principle of law that where a relie...

Brief facts are that respondents/complainants booked respective flats in Cosmos Executive FloorsPalam ViharGurgaon.  Respondents executed agreement dated 2nd June 2005, with the petitioner.  The construction was to be done as per terms, conditions and   specification  as per agreement.  The possession was to be delivered in September, 2006. However, permissive possession was given to the respondents. After taking possession respondents found the changed site plan as against the plan supplied. Moreover, flats were found to be of sub standard material and not according to the  specifications.   There were several deficiencies and flaws in the flats which caused great harassment, mental agony and financial loss to the respondents. It is alleged that petitioner has adopted unfair trade practice.  Accordingly, respondents claimed compensation and damages for harassment, mental agony etc. and penalty for delayed possession.

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