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AMIT BANSAL
Sunita Samaria Singh – Appellant
Versus
Ansal Buildwell Ltd. – Respondent
JUDGMENT :
[Amit Bansal, J.]
I.A. 9251/2022 (O-VIII R-10 of CPC) & CS(OS) 28/2023
BRIEF FACTS
1. Briefly, the case set up by the plaintiff in the plaint is as under:
1.1 The plaintiff booked a Flat bearing no.F-SF019I, Second Floor, ad measuring approximately 1644 square feet (hereinafter ‘the Flat’) in the project “FLORENCE PREMIUM FLOORS” launched by the defendant and proposed to be constructed in Sushant Lok-II, Gurugram, Haryana. The total consideration for the Flat was Rs.1,25,00,000/- and the plaintiff opted for a construction linked payment plan. The plaintiff paid a booking amount of Rs.14,00,000/-, for which a receipt dated 23rd March, 2016 was issued.
1.2 In terms of Clause 12 of ‘Terms & Conditions for Allotments’ attached with the application form of the defendant, the possession of the Flat was to be handed over to the plaintiff within 3 to 3½ years.
1.3 Vide letter dated 23rd March, 2016, the defendant called upon the plaintiff to pay the second installment amounting to Rs.12,05,000/-.
1.4 On 12th April, 2016, the plaintiff paid a sum of Rs.11,80,000/- towards second installment to the defendant, for which a receipt was issued by the defendant.
1.5 Vide letter dated 1
(1) Construction had to be completed within 36 months with grace period of 6 months from the date of commencement of construction, i.e., up to June 2016, while possession notice was given on 28.04.20....
Consumers are entitled to refunds for unreasonable delays in property possession, affirming their rights under contracts.
No Occupancy Certificate – The Occupation Certificate is not available even as on date, which clearly amounts to deficiency of service.
Contractual clauses that impose unfair obligations are unenforceable, and unreasonable delays in property possession warrant compensation.
The court established that unfair trade practices by a builder can entitle a buyer to refunds under consumer protection laws.
Possession - Complainants cannot be made to wait indefinitely for possession of the Flat as a period of more than 12 years has lapsed from the committed date of delivery.
Delay in possession by the builder entitles homebuyers to a full refund of deposits, as per consumer protection laws.
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