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Jul 9, 2007 · Get free access to the complete judgment in Veena Khanna v. Ansal Properties on CaseMine.
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- Overview
- Issues Raised
- Arguments Advanced by The Appellant
- Arguments Advanced by The Respondent
- Judgement Analysis
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Veena Khanna vs Ansal Properties & Industries Ltd is a case heard by the National Consumer Disputes Redressal Commission (NCDRC) in 2007. The case deals with the issue of delay in the completion of a property project and the liability of the builder for compensation under the Consumer Protection Act, 2019.
The Consumer Protection Act of 1986:
1. Section 2(g)- Deficiency is defined as any flaw, imperfection, shortcoming, or defect in the feature, quality, amount, nature, worth, authenticity, capacity, or standard that must be maintained and regulated in accordance with the laws and statutes in effect or any agreement/contract claimed by the seller with regard to the products and goods. According to the Consumer Protection Act of 1986, the party who is offended by the developer's failure to deliver the property on time may register...
On 9.7.1996, the complainant made an offer to buy a flat for a total of Rs. 23,33,344/-, and the parties came to an agreement to this effect. Following that, the complainant made payments totaling...The Complainant wanted a refund of the deposit amount plus interest at a rate of 18% per annum for this deficiency of service on the side of the Opposing Parties, but the Opposing Party refused to...The Delhi State Commission accepted the complaint and ordered the opposing party to return Rs. 15 lakhs with interest accruing at a rate of 13% per year from the date the last installment was depos...The complainant filed an appeal against that decision in the hopes that the opposite parties (builders) would be ordered to deliver the apartment's possession and that she would get appropriate com...The Consumer Protection Act of 1986:
Passed in order to defend consumers' interests, according to the preamble- It accomplishes the entire goal of enabling the average person to obtain goods and services that live up to the quality claims made by the seller or provider. The consumer has the right to seek compensation for any deficiencies by contacting the appropriate state or federal body. It shields the average person against wrongdoing by service providers and retailers. The consumer is given the opportunity to make a complain...
The appellant was prepared and willing to take possession of the apartment, but the builder's construction of the apartments took an unusually long time.It is further argued that the plaintiff could not wait years to take a risk because they were government employees. She was thus compelled to register a complaint in order to request a refund of th...It is false and is refuted that Respondents have provided subpar service. The flat's construction has already been finished, and finishing tasks have been started and are moving along quickly, whic...The Complainant is not permitted to unilaterally and arbitrarily withdraw from the parties' completed contract or demand a return of any money already paid to the Respondents or interest thereon.Due to a construction agreement between the parties, the Respondents have already made a sizable investment in the building of the apartment, and it is now too late for the Complainant to withdraw...The Complainant was not subjected to any mental anguish, mental torture, or mental harassment at the hands of the Respondents, it is further disputed.Due to the growth in the price of real estate, it appears that the builder took unfair advantage of the State Commission's previously mentioned order, which provided the opposite parties with a pre...Just because there was no proper compensation granted and there was a choice to either refund the money or hand over possession of the apartment did the opposing parties take advantage.In light of the builder's (Opposite Parties) aforementioned stance, National commission observed that the State Commission could have issued a specific order instructing the builder to deliver owne...In courts view, it is true that the Complainant has prayed for the refund of the amount, but this complaint remained pending before the State Commission for more than five years It is well known th...A State Commission decision was overturned by the National Commission. The National Commission noted that a refund of money with interest charged at the bank rate does not necessarily mean that the...According to the ruling, the State Commission was required to order the builder to give the customer ownership of the same apartment or an apartment of an equivalent size together with compensation...In any case, sufficient compensation ought to have been given to allow the complaint to buy a new flat of the same size at the going rate. Interest payments by themselves are insufficient payment.Furthermore, while it is true that the State Commission ordered a refund of the amount deposited with interest that the complainant was paying to the bank, this does not imply that the complainant...Jul 9, 2007 · Learned counsel for the Opposite Parties submitted that in the complaint, the prayer was only for the refund of the amount and therefore, the State Commission rightly directed only refund of the amount and gave option to the opposite parties to deliver the possession of the flat if they choose.
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Sep 21, 2023 · . We are the Law Offices of Kr. Vivek Tanwar Advocate and Associates, specializing in providing legal services under the Consumer Protection Act 2019. With a deep commitment to upholding consumer rights and ensuring fair redressal, our firm has been at the forefront of consumer protection cases. In this article, we delve into a consumer
The petitioner, Smt. Veena Khanna, has filed the present petition under Section 276 of the Indian Succession Act, 1923 for grant of Probate in respect of Will dated 05.06.1979 executed by her father late Shri P.R. Mahant.
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Veena Khanna vs Indian Bank on 1 March, 2018. * IN THE HIGH COURT OF DELHI AT NEW DELHI. + RFA No. 197/2018. % Reserved on: 23rd February, 2018. Pronounced on : 1st March, 2018. VEENA KHANNA ..... Appellant.
