Back
DEEPA SHARMA, SUBHASH CHANDRA
Devender Bansal – Appellant
Versus
Ansal Housing & Construction Limited – Respondent
ORDER
Deepa Sharma, Presiding Member.—The present complaint has been filed by the complainant seeking refund of his deposited amount of Rs.85,88,775/- along with interest @ 18% p.a. from the date of deposits till payment and also claimed a sum of Rs.5,00,000/- towards mental agony and harassment along with other appropriate relief.
2. The case of the complainant is that opposite party in the year 2012 launched a Group Housing Scheme known as “Ansal Highland Park” in Sector 103, Gurgaon, Haryana. The project was widely advertised by the opposite party and on seeing the lucrative advertisement, the complainant approached the opposite party. It was projected to them that the apartment would be delivered within 48 months from the date of execution of the agreement. On this promise, the complainant applied for allotment of the apartment on 01.06.2012 and apartment no. Perth 0302 measuring 1762 sq. ft was allotted. He signed the Builder Buyer Agreement on 17.05.2013. The proposed date of possession was 17.05.2017. The total consideration of the apartment was Rs.88,81,936/-. The opposite party also provided the payment schedule and the complainant duly paid the instalments. The total amou
Dotted lines - A term of a contract will not be final and binding if it is shown that that the flat purchasers had no option but to sign on the dotted line, on a contract framed by the builder.
Delayed construction – Complainants cannot be asked to wait indefinitely for an Apartment, possession of which has not only been delayed but construction is not even complete.
Consumers are entitled to timely possession of purchased property and cannot wait indefinitely for possession; failure to deliver justifies a refund with interest.
“Since the possession of subject flats were not delivered within the stipulated time, allottee held entitled for refund of amount deposited with interest.”
Installment – Once the instalments were collected, the buyers are sought to be non-suited on a multitude of grounds, primarily the liability of the Government in not providing infrastructure and to c....
Right to claim refund - the complainant in the present circumstances have a legitimate right to claim refund alongwith fair delay compensation/interest from the OP.
Pecuniary jurisdiction – it is clear that for the purpose of pecuniary jurisdiction, the value of services hired or availed plus compensation shall be the value for the purpose of pecuniary jurisdict....
Consumers are entitled to refunds with interest when developers fail to deliver property due to one-sided contract terms viewed as unfair trade practices.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
