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hemant (propriter)     14 August 2014

Problem involving contract,tort and consumer laws

All Respected Members,

your help is required,please

Please give your opinion and case laws with  citatations

1. a person  "A" applied for a flat of "B" authority in response to a public notice ( where by the authority authorised Bank C to sale and accept forms of its flat scheme ) through Bank "C" as per advt. of authority and got his application financed by bank.

2. B mentioned in the information broucher that the result of  allotment will be displayed on website.

3. B posted the result on website which A was due to his hactic schedule could not see.

4. Authority posted the origional allotment letter at address of  bank in name of A instead of sending the allotment leter to the applicant  , which bank negligently did not handed over to A  nor informed A about his allotment.

5. A got the information about his allotment of flat after last date of payment from third person.

6. when A contacted authority they said they informed the bank hence they are not liable (whereas in earlier schemes the authority always informed the applicant and sent allotment letters to the applicants.)

The authority changed this practice without notice.

7. when A contacted Bank they said they are under no obligation to inform the applicant about the receipt of allotment letter on his behalf as it is not written in the contract of financing the application for flat made by A with the Bank.

8. Now authority has declined refund of money and has served notice of cancellation of allotment.

9. Bank has debited the financed amount from the account of A.

10. Result - A got nothing neither flat nor refund.

Please advice A



Learning

 2 Replies

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     17 August 2014

"A" can file complaint in the consumer court citing "B" and "C" as opposite parties. Either B and C should decide between themselves or the court should decide.

T. Kalaiselvan, Advocate (Advocate)     20 August 2014

As suggested, a case before jurisdictional consumer forum may be preferred.


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