Pankaj booked a flat in Sagar Housing Board colony. Housing Board registered it and agreed to give possession within two years. After receiving the price of the flat Housing Board failed to give possession to Pankaj with

CS Executive · Economic and Commercial Laws · PYQS · December 2017
Pankaj booked a flat in Sagar Housing Board colony. Housing Board registered it and agreed to give possession within two years. After receiving the price of the flat Housing Board failed to give possession to Pankaj within the agreed period. Is it a deficiency in service under Consumer Protection Act, 1986?

Answer & Explanation:

The problem asked in the question is related to the deficiency in the services under Consumer Protection Act, 1986. Section 2(1)(g) of this Act lays down that deficiency means any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to be maintained by or under any law for the time being in force or has been undertaken to be performed by a person in pursuance of a contract or otherwise in relation to any service. Failure to maintain the quality of performance required by the law or failure to provide services as per warranties given, by the provider of the service would amount to 'deficiency'. Failure of a Housing Board to give Possession of the flat after receiving the price and after registering it in favour of the allottee will be treated as deficiency in service. Therefore, Sagar Housing Board Colony shall be liable.

Topics: Consumer Protection Act, 1986

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