G H M/S TREATY CONSTRUCTION & ANR. versus M/S RUBY TOWER CO-OP. HSG. SOCIETY LTD.

G H M/S TREATY CONSTRUCTION & ANR. versus M/S RUBY TOWER CO-OP. HSG. SOCIETY LTD.

Appellants are bound to pay Rs.25,00,000/- to respondent-society based on agreement in meetings; compensation and penalty set aside due to lack of evidence for loss and unresolved third party disputes; conveyance deed to be executed after completion of requisites and obtaining Occupancy Certificate.

Parties
Appellant: M/S Treaty Construction; Respondent: M/S Ruby Tower Co-op. Hsg. Society Ltd.
Jurisdiction
India
Judgment Date
19 July 2019
Procedural Posture
Civil Appeal / Judgment on Appeal From National Commission
Outcome
Appeal partly allowed; National Commission order modified.
Legal Topics
Deficiency of Service, Sale of Flats, Ownership Rights, Conveyance Deed, Compensation
Consumer Protection Real Estate Deficiency of Service Sale of Flats Ownership Rights Conveyance Deed Compensation

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Parties

M/S Treaty Construction

Appellant

M/S Ruby Tower Co-op. Hsg. Society Ltd.

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal From National Commission

Legal Issues

  1. 1 Whether appellants are liable for payment of Rs.25,00,000/- as agreed in meetings dated 17.12.2003 and 14.12.2003
  2. 2 Whether appellants are liable for compensation for not obtaining Occupancy Certificate
  3. 3 Whether penalty of Rs.1,000/- per day for delay in obtaining Occupancy Certificate is justified

Ratio Decidendi

Appellants are bound to pay Rs.25,00,000/- to respondent-society based on agreement in meetings; compensation and penalty set aside due to lack of evidence for loss and unresolved third party disputes; conveyance deed to be executed after completion of requisites and obtaining Occupancy Certificate.

Court Disposition

Appeal partly allowed; National Commission order modified.

Orders

  • Appellants to pay Rs.25,00,000/- to respondent-society within 45 days; failing which interest at 8% p.a. from date of judgment until payment.
  • Compensation of Rs.3,00,000/- set aside.