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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

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  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.

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