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SANJAY KAROL, PRASANNA B. VARALE
Greater Mohali Area Development Authority through its Estate Officer – Appellant
Versus
Anupam Garg – Respondent
JUDGMENT :
SANJAY KAROL J.
1. Leave Granted.
2. Under challenge in these appeals is a judgment and final order dated 1st April, 2019 passed in First Appeal Nos. 1852 of 2018 and 1853 of 2018 by the National Consumer Disputes Redressal Commission, New Delhi1 [NCDRC] at the instance of Greater Mohali Area Development Authority2 [GMADA] who is aggrieved by the order dated 1st March, 2018 of the State Consumer Disputes Redressal Commission, Punjab, Chandigarh3 [State Commission] whereby the State Commission partly allowed the respondents’ complaints (being CC No. 438 of 2017 filed by respondent Anupam Garg and CC No. 439 of 2017 filed by respondent Rajiv Kumar) against GMADA directing the latter to refund the entire amount deposited by both parties in respect of securing flats in the residential scheme launched by it along with 8% interest thereon as also paying additional costs for mental harassment, litigation and the interest paid by the respondents to the State Bank of India, for the loans that they had secured to arrange for the funds required to be invested in the project.
3. For the sake of convenience we only illustrate the facts of CC No. 438 of 2017 filed by Anupam Garg, which ar
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....
Consumer service agreements may not curtail statutory jurisdiction of consumer forums, which can award compensation beyond stipulated contractual terms if deemed unfair.
(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’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.
(1) Possession - If the developer fails to deliver possession of the allotted plot/flat within the stipulated time, the allottee is under no obligation to accept an alternate plot.(2) Interest - When....
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