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2019 Supreme(SC) 1140

D.Y.CHANDRACHUD, HEMANT GUPTA
R. V. Prasannakumaar – Appellant
Versus
Mantri Castles Pvt. Ltd. – Respondent


Counsel for the Parties:
Bishwajit Bhattacharya, Sr. Adv., Chandrachud Bhattacharya, Abhinav Mukerji, P.S. Narasimha, Sr. Adv., Shekhar G. Devasa, Manish Tiwari and Luv Kumar, Advocates

JUDGMENT

Dhananjaya Y. Chandrachud, J.

The National Consumer Disputes Redressal Commission (“NCDRC”) by its impugned order dated 8 June 2018 disposed of the consumercomplaint filed in a representative capacity under Section 12(1)(c) of the Consumer Protection Act, 1986. The NCDRC has come to the conclusion that though under the terms of the flat purchase agreement, possession was liable to be handed over to the buyers on 31 January 2014, there was a breach on the part of the developer in complying with its contractual obligations. The NCDRC has noticed that the occupation certificate was received only on 10 February 2016 and it was thereafter that from May 2016, certain letters offering possession were issued by the developer. Based on this, the NCDRC awarded compensation upto 31 July 2016 in the form of interest at the rate of 6 per cent per annum.

2. There is a finding in the impugned order that though the flat purchase agreement contained a stipulation for the payment of compensation at the rate of INR 3 per sq. ft. per month for delayed handing over of possession, the amount as stipulated is too meager to fulfil the requirement of just compensation to the purchasers. Accordingly,

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