Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram
Indian Laws - Highlights / Catch Notes

Home Highlights August 2024 Year 2024 This

The respondent-company purchased a flat for residential use of ...


Real estate dispute: Flat buyer wins against builder for unfair forfeiture.

Case Laws     Indian Laws

August 31, 2024

The respondent-company purchased a flat for residential use of its director and family, not for commercial purposes. The appellant-builder wrongfully cancelled the flat allotment and forfeited the deposited amount. The complaint was maintainable as the respondent qualified as a 'consumer' under the Consumer Protection Act. The appellant was guilty of deficiency in service and unfair trade practice. The NCDRC rightly directed refund of the forfeited amount with interest. The Supreme Court upheld the NCDRC order, directing partial refund within two weeks and the balance by 31st December 2024, failing which recovery as arrears of land revenue.

View Source

 


 

You may also like:

  1. Real estate agent service - consideration received under the heading “Administrative Charges” for allowing transfer of flat buyers right to another person - demand of...

  2. Levy of service tax - real estate agent - collecting transfer/administrative charges - Referring to precedents, the Tribunal affirmed that charges for changes in...

  3. The service provided by the assesse in substituting names of prospective buyers of real estate, in its records, for which it collects transfer charges, does constitute...

  4. Consumer protection - validity of one-sided agreement between the builder and buyer - right of buyer of flat in case of default committed by the builder / developer -...

  5. Classification of services - Real estate agent services or not - it is not merely the real estate consultant but any person who facilitates getting any property /real...

  6. Securities and Exchange Board of India (Real Estate Investment Trusts) (Amendment) Regulations, 2024 - The amendment revises the definition of REITs, highlighting that a...

  7. Determination of income - The Tribunal agreed with the Ld. CIT(A)'s finding that the assessee, a real estate developer, has consistently followed the Project Completion...

  8. CGST rate of certain goods prescribed for real estate sector

  9. Real Estate Agent services - any services rendered in relation to Real Estate and any advice or activity undertaking in relation to Real Estate for a service receiver...

  10. Cenvat Credit - appellants are entitled for input service credit on real estate agent - Credit allowed - AT

  11. Addition on account of notional rent u/s.23 - whether or not the ALV of the properties held by the assessee as stock-in-trade of its business as that a real estate...

  12. Determination of correct profits - percentage completion method - real estate development - when a stage is arrived that risk and rewards shift from the developer to...

  13. Exemption u/s 54F - delay by the builder - It was not the case of the AO that the assessee has not booked the flat with the builder or not not made the payment in time -...

  14. Refund claim - purchase of flats from builder - whether the appellants who are purchasers of an apartment/flat/residence from a builder or a developer is entitled to...

  15. Works Contract for construction of Flats, Complex — Builders to pass on GST benefit to buyer otherwise anti-profiteering provisions of Section 171 of GST Act to apply - Circular

 

Quick Updates:Latest Updates