Subscribe to the Bombay Chartered Accountant Journal Subscribe Now!

December 2009

Deficiency in service by builder : Consumer Protection Act, 1986 S. 2(1)(g).

By Dr. K. Shivaram, Ajay R. Singh, Advocates
Reading Time 1 mins

New Page 3

  1. Deficiency in service by builder : Consumer Protection Act, 1986 S. 2(1)(g).

[ Madan Builders v. R. K. Saxena, AIR 2009 (NOC) 2551 (NCC)]

Complainant purchased two shops in commercial complex. The builder instead of providing two lifts as promised in advertisement and brochure provided only one lift and that too was not a glass capsule lift as promised. The reason was stated that glass capsule lift was not approved by local administration. The Commission held that there was false representation for luring complainant to make investment. Even the two shops booked by complainant were changed by builder, without his consent and were allotted to some other party. It was held that the deficiency in service was apparent as builder failed to provide facilities as promised in representation made as per advertisement and brochure. Thus the complainant was entitled to compensation with interest.

Download PDF

You May Also Like

Memorandum of understanding — Void contract : Civil Court cannot refuse to entertain suit even if based on void contract.

Adjournment of hearing — Genuine ground for adjournment necessary — Central Excise Act, 1944, S. 35B.