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R.K.AGRAWAL
Narayan Builders & Developers – Appellant
Versus
Madhvi Sharma – Respondent
ORDER
The present Appeal has been filed against the Order dated 16.04.2019 passed by the Rajasthan State Consumer Disputes Redressal Commission (hereinafter referred to as the State Commission), whereby the Complaint filed by Madhvi Sharma and Sh. Pooran Mal Sharma (hereinafter referred to as the Complainants) before the State Commission was allowed and the M/s. Narayan Builders & Developers (hereinafter referred to as the Appellant Builder) was directed to refund the money alongwith interest @18% p.a. from the date of deposit as the Appellant Builder was also charging the same rate of interest as per condition no. 2.12 of the Agreement. The Appellant Builder was also directed to pay Rs.2,00,000/- towards compensation alongwith cost of Rs.40,000/- to the Complainants within one month failing which it would carry interest @9% from the date of the Order.
2. Brief facts of the case are that the Appellant Builder launched a Group Housing Project in the name and style of “Urbana Jewells” (hereinafter referred to as the Project) located near Guhana Mandi, Village Madrampura, Tehsil Sanganer, Jaipur. Allured by the advertisements and assurances made by the Sales Representatives of the App
Multiple compensations – Multiple compensations for singular deficiency is not justifiable.
Interest – It is well established principle that the interest in the form of interest should be just and equitable and commensurate with the loss and injury.
Compensation - Since the compensation in the form of interest has already been awarded, the Respondents/Complainants shall not be entitled for any other compensation.
(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.
Two parallel rights - It is a well settled position that in case of unreasonable delay beyond the agreed and assured period, two parallel rights accrue to the consumer.
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