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B. V. NAGARATHNA, R. MAHADEVAN
Parsvnath Developers Ltd. – Appellant
Versus
Mohit Khirbat – Respondent
JUDGMENT :
R. MAHADEVAN, J.
1. These three appeals arise out of separate orders dated 30.07.2018, 30.07.2018, and 21.11.2019 respectively passed by the National Consumer Disputes Redressal Commission, New Delhi1[For short, “NCDRC”] in Consumer Complaint Nos. 827 of 2017, 828 of 2017 and 2355 of 2017.
2. By the impugned orders, the NCDRC directed the appellant to complete construction of the flats and hand over possession to the respondents in these appeals on or before 31.03.2019, 31.03.2019 and 31.03.2020 respectively, after obtaining the requisite Occupancy Certificate from the competent authorities. The appellant was further directed to pay compensation by way of simple interest at the rate of 8% per annum with effect from 13.11.2014, 14.12.2013 and 20.08.2015 respectively till the actual delivery of possession.
2.1. The NCDRC also directed the appellant to pay/credit rebate for the period from 01.09.2013 to 12.11.2014 at the same rate at which such rebate had earlier been credited to the account of the respondent Dr. Mohit Khirbat, and to pay litigation costs of Rs.25,000/- to the respondents in each case. Insofar as the respondents in C.A. No. 11047/2025 are concerned, the NCDRC
Consumer service agreements may not curtail statutory jurisdiction of consumer forums, which can award compensation beyond stipulated contractual terms if deemed unfair.
Builder is bound to complete construction and hand over possession of flat to buyer within stipulated time. Burden would lie on developer to explain steps taken to comply with contractual stipulation....
The execution of a conveyance deed and prior acceptance of compensation settle a builder-buyer dispute, preventing subsequent claims of deficiency despite contractual delays.
(1) Negligence on Part of Builder – If the builder, whose services are engaged by a buyer for construction of a residential house for him fails to complete the construction and deliver its possession....
Alternate Flat – In the instant case, the impugned order has rightly upheld the prayer of the appellant for possession and ordered the handing over of possession of the alternative flat to the appell....
(1) Force Majeure cannot be claimed as defense when builder is at fault (2) Flats should not be allotted unless requisite permits availed from municipal corporation (3) Unjust agreement cannot be uph....
Written statement – Even when defendant’s/opposite party’s right to file a written statement is forfeited that by itself will not make it obligatory on part of NCDRC to pass an order in favour of a c....
“Since the possession of subject flats were not delivered within the stipulated time, allottee held entitled for refund of amount deposited with interest.”
Non-availability of the Occupancy/Completion Certificate points to the deficiency on the part of the Appellant.
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