UDAY UMESH LALIT, INDU MALHOTRA
PIONEER URBAN LAND AND INFRASTRUCTURE LIMITED – Appellant
Versus
GOVINDAN RAGHAVAN – Respondent
Based on the provided legal document, the key points are as follows:
The court emphasized that a person cannot be made to wait indefinitely for possession of a flat allotted to them and is entitled to seek a refund of the amount paid, along with compensation, if there is undue delay (!) (!) .
Contractual terms that are one-sided, unfair, or coercive—especially those that leave flat purchasers with no real option but to accept unfavorable conditions—are considered unfair trade practices and are not binding (!) (!) (!) (!) .
The contractual clauses in the agreement were found to be wholly one-sided and unfair to the flat purchaser, and such clauses could not be relied upon to bind the purchaser (!) (!) (!) (!) .
Delay in obtaining the Occupancy Certificate and handing over possession beyond a reasonable period constitutes deficiency of service. The delay was more than two years, during which the purchaser had to service a loan and seek alternative accommodation (!) (!) (!) (!) .
The purchaser has the right to terminate the agreement and seek a refund of the entire amount paid, along with interest and compensation, especially when the builder fails to fulfill contractual obligations within stipulated or reasonable timeframes (!) (!) (!) (!) .
The applicable rate of interest for the refund was determined based on statutory rules, and the court affirmed the interest rate awarded by the authority, which was higher than the contractual rate, considering the circumstances of delay and hardship faced by the purchaser (!) (!) (!) (!) (!) .
The filing of a consumer complaint can be considered as a form of termination notice if it leads to the suspension or revocation of the builder’s registration or if it results in a delay that is unreasonable and inordinate. However, procedural compliance with contractual termination clauses is also necessary to invoke the right to refund (!) (!) .
The court rejected the builder's argument that the agreement was not properly terminated and held that the delay and deficiency of service justified the purchaser's claim for refund and compensation (!) (!) .
The court reaffirmed that unfair contractual terms, especially those that create inequality of bargaining power, are contrary to principles of justice and fairness, and such terms cannot be enforced (!) (!) .
The overall decision was to dismiss the appeals and affirm the order directing the builder to refund the amount paid by the purchaser within a specified period, along with interest and compensation, considering the delay and unfair contractual clauses (!) (!) .
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JUDGMENT :
Indu Malhotra, J.
The present statutory Appeals have been filed under Section 23 of the Consumer Protection Act, 1986 to challenge the Final Judgment and Order dated 23.10.2018 passed in Consumer Case No. 238 of 2017 and Consumer Case No. 239 of 2017 by the National Consumer Disputes Redressal Commission (hereinafter referred to as "the National Commission").
2. Since a common issue arises in both the Civil Appeals, they are being disposed of by the present common Judgment and Order.
3. For the sake of brevity, the facts in C.A. No. 12238 of 2018 are being referred to, being the lead matter.
The factual matrix of the said Civil Appeal is as under :
3.1. The Appellant - Builder launched a residential project by the name "Araya Complex" in Sector 62, Golf Course Extension Road, Gurugram.
The Respondent - Flat Purchaser entered into an Apartment Buyer's Agreement dated 08.05.2012 with the Appellant - Builder to purchase an apartment in the said project for a total sale consideration of Rs. 4,83,25,280/-.
As per Clause 11.2 of the Agreement, the Appellant -Builder was to make all efforts to apply for the Occupancy Certificate within 39 months from the date of excavation, with a grac
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