Grounds for Issue * (Petitioner's Side):
*.
Deficiency in Service:
- Buildwell LLP failed to provide promised amenities and facilities like the swimming pool, clubhouse, electricity, water, sewage treatment, and proper villa construction.
- Relevant Provisions:
- Consumer Protection Act, *, Section *(*) – Definition of "Deficiency."
- Case Laws:
- *Lucknow Development Authority v. M.K. Gupta*, (*) * SCC *: The Supreme Court held that the term 'deficiency' is wide enough to include any fault, imperfection, shortcoming, or inadequacy in the quality, nature, and manner of performance required to be maintained under the law.
*.
Unfair Trade Practices:
- Misrepresentation of ownership of the land and misleading information about the project completion and structure.
- Relevant Provisions:
- Consumer Protection Act, *, Section *(*) – Definition of "Unfair Trade Practices."
- Case Laws:
- *M/S. Spring Meadows Hospital v. Harjol Ahluwalia*, (*) * SCC *: The court emphasized the liability of service providers for any misleading and false representation.
*.
Non-Compliance with Agreement:
- The agreement clauses regarding payment and construction were not adhered to, leading to financial and mental distress for Mr. Anil.
- Relevant Provisions:
- Indian Contract Act, *, Section * – Compensation for loss or damage caused by breach of contract.
- Case Laws:
- *Ghaziabad Development Authority v. Balbir Singh*, (*) * SCC *: The Supreme Court held that non-compliance with the terms of the agreement constitutes a breach, warranting compensation.
Potential Defenses by Respondent:
*. Force Majeure:
- Claiming delays and non-compliance were due to unforeseen circumstances beyond their control.
- Response: Evidence must be provided to show that the reasons for delay were genuinely unforeseeable and unavoidable. The mere invocation of force majeure is insufficient.
*. Payment Defaults by Petitioner:
- Arguing that delays in payment by Mr. Anil justified the halt in construction and additional charges.
- Response: Highlight that Mr. Anil made substantial payments on time and any minor delays were condoned by the respondent without prior penalty imposition.
*. Arbitration Clause:
- Contending that the matter should be resolved through arbitration as per the agreement.
- Response: Refer to the judgments which state that consumer disputes are maintainable before consumer forums despite the existence of an arbitration clause (*National Seeds Corporation Limited v. M. Madhusudhan Reddy*, (*) * SCC *).
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who is petitioner in this case
The petitioner in this case is Mr. Anil.