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J. K. MAHESHWARI, ARAVIND KUMAR
Chief Officer, Nagpur Housing And Area Development Board (A Mhada Unit) – Appellant
Versus
Manohar Burde – Respondent
JUDGMENT
Aravind Kumar, J.
1. Leave granted.
2. Heard learned counsels appearing for the parties. In the present appeal, the order dated 29.01.2024 passed by the High Court of Judicature at Bombay, Nagpur Bench at Nagpur in Writ Petition No. 5052 of 2022, whereby the Writ Petition came to be allowed, and order dated 27.07.2022 passed by the National Consumer Disputes Redressal Commission (herein after referred to as “NCDRC” in short) in Appeal No. 796 of 2019 came to be quashed, is being questioned. The parties are referred to as per their rank in the High Court.
3. The facts in brief leading to filing of this appeal are as under –
The Respondents launched a Group Housing Project in year 2009. Pursuant to the same, the petitioner applied for a 3 BHK flat and deposited the requisite amount of Rs. 4,00,000/- on 23.09.2009 and by virtue of lottery drawn on 03.01.2010, petitioner was allotted a flat. In furtherance of the allotment, the petitioner had to pay the balance consideration in eight (8) instalments, out of which he deposited seven (7) instalments between 31.12.2011 to 31.03.2013 and the eighth (8th) instalment was deposited on 26.08.2013 on the assurance that possession of flat wi
Housing – A home buyer cannot be compelled to take possession of flat after a long time – High rate of interest cannot be awarded on refund amount.
The court found no basis for modifying the interest rate and additional costs due to insufficient grounds and lack of contractual entitlement for increased interest on delayed possession.
(1) Plot Buyer Agreement – Objective of granting compensation cannot be altered such that it amounts to a windfall gain to other party – Before compensation can be granted by NCDRC, actual loss must ....
Compensation can take different forms – Determination has to be made, keeping in view stage of work completed, where service provider has lapsed in duty and loss caused thereby – Uniformity is foreig....
(1) Justified Withholding of Payments – An allottee is not necessarily “at fault” for stopping installments if it is evident that the builder is nowhere near completing the project by the committed d....
Flat Buyer Agreement – Delay in delivery of possession – Rate of interest on amount of refund cannot be less than that as provided in agreement.
Consumer service agreements may not curtail statutory jurisdiction of consumer forums, which can award compensation beyond stipulated contractual terms if deemed unfair.
Flat Buyer’s Agreement – Denial of timely possession despite substantial payment – Payment of interest on refund of principal amount is necessary.
Non-availability of the Occupancy/Completion Certificate points to the deficiency on the part of the Appellant.
The court confirmed the right to interest for delayed possession, noting the absence of force majeure and completion certificate.
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