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NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
V.K. Jain, P.M and Dr. B.C. Gupta, Member
MURARI LAL PODDAR - Appellant
Versus
A.L. LALPURIYA CONSTRUCTION PVT. LTD. AND ANOTHER - Respondents
Revision Petition No. 2021 of 2015 (Appeal No. 552/2014).
Decided on : 06-10-2015
Mr. Devendra Mohan Mathur, Advocate, for the Appellant; Mr. Kamal Chamaria, Advocate, for the Respondent
The court upheld the compensation for the delay in possession and directed the builder to provide access to the common parking area.
Headnote:
Delay in Possession - Real Estate - [Consumer Protection Act, 1986 - Section 21, 24, 27] - The court discussed the delay in handing over possession of the flat, the payment schedule of the builder, and the entitlement to parking space. The court upheld the compensation awarded for the delay in possession and directed the builder to provide access to the common parking area.
Fact of the Case:
The complainant entered into an agreement with the builder for purchase of a residential flat. The possession of the flat was delayed, and the complainant sought compensation for the delay and for not providing a parking space.
Finding of the Court:
The court upheld the compensation awarded for the delay in possession and directed the builder to provide access to the common parking area. The court did not find justification for enhancing the compensation awarded by the District Forum to the complainant.
Issues: Delay in possession, entitlement to parking space, compensation for delay
Ratio Decidendi: The court upheld the compensation for the delay in possession and directed the builder to provide access to the common parking area. The court did not find justification for enhancing the compensation awarded by the District Forum to the complainant.
Final Decision: The court disposed of both the revision petitions.
ORDER
Mr. Justice V.K. Jain, Presiding Member (Oral) - The complainant/petitioner in Revision Petition No. 2021/2015, who is also the respondent in Revision Petition No. 2083/2015, entered into an agreement with M/s. A.L. Lalpuriya Construction Pvt. Ltd., the petitioner in Revision Petition No. 2083/2015, which is also the respondent in Revision Petition No. 2021/2015, for purchase of a residential flat, for a total consideration of Rs. 7,50,000/-. He made payment of Rs. 2,40,000/- by 26.11.2004, when the written agreement was executed between the parties. The balance amount of Rs. 5,10,000/- was agreed to be paid as per the payment schedule of the promoter. The agreement obligated the complainant to take possession of the flat within 30 days of the date of receipt of final notice of the builder offering the possession to him. Thus no particular time for completing the construction of the flat or for offering its possession to the complainant was fixed in the aforesaid agreement. However, vide letter dated 15.09.2005 sent to ICICI Home Finance Co. Ltd., seeking permission to mortgage the aforesaid flat, the promoter/builder clearly stated that possession of the flat will be given on or about October, 2005.
2. It is an admitted position before us that the complainant made payment of the last instalment on 28.03.2007 and possession of the flat was given to him on 27.11.2007. The complainant, therefore, felt aggrieved on account of delay in handing over the possession of the flat to him. He was also aggrieved on account of no parking slot/space having been provided to him by the builder. He, therefore, approached the concerned District Forum with a complaint, seeking the following reliefs:-
"It is therefore, humbly prayed that accepting the complaint filed by the complainant, the respondent be directed to forthwith show the account of the amount received from the complainant, facility and place for car parking be provided to the complainant and the amount charged in excess from the complainant be paid to him along with 18% per annum interest and due to not providing the flat within stipulated time, the complainant had to live in rented premises for 27 months and had to incur amount of Rs. 1,35,000/- towards rent be ordered to be returned back to the complainant along with 18% per annum interest and prior to handing over possession of the flat to the complainant he had to pay the instalments to the Bank for total 26 months amounting to Rs. 4661/- per month total amount Rs. 1,21,186/- be ordered to be paid to the complainant along with 18% per annum interest and for sheer negligence and attitude of carelessness adopted by the respondent, for the deficiency in services committed caused by the respondent causing mental agony, physical pain and financial loss, the respondent be directed to pay him the compensation of Rs. 2,00,000/- to the complainant; and Rs. 5,000/- towards expenses of the complaint be ordered to be paid to the complainant and grant such other relief as may be deemed just and proper by this Hon'ble Forum.
The complainant has claimed total amount of compensation Rs. 4,56,186/- in the complaint and has claimed Rs. 5,000/- towards expenses of complaint."
3. The complaint was resisted by the builder, M/s. A.L. Lalpuriya Construction Pvt. Ltd. denying the allegations made in the complaint.
4. Vide its order dated 06.05.2014, the concerned District Forum directed the builder/opposite party to pay a sum of Rs. 1 lakh as compensation to the complainant for the delay in handing over possession to him along with interest and the cost of litigation quantified at Rs. 11,000/-.
5. Being aggrieved from the order passed by the District Forum, the complainant approached the concerned State Commission, by way of an appeal. The builder also filed a separate appeal challenging the order passed by the District Forum.
6. Vide impugned order dated 07.05.2015, the State Commission upheld the award of compensation, but set aside the directio
