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DEEPA SHARMA, SUBHASH CHANDRA
Renu Kalra – Appellant
Versus
Ireo Grace Realtech Pvt. Ltd. – Respondent
ORDER
Subhash Chandra, Member—This complaint under section 21 of the Consumer Protection Act, 1986 is filed by the complainants alleging deficiency in service and unfair trade practice on account of the delay in handing over possession of the flat seeking refund of the amount deposited along with penal interest and other compensation in respect of the flat booked by them with the opposite party viz., M/s Ireo Grace Realtech Pvt. Ltd., in a project promoted and developed by it.
2. Briefly, the facts of the case are that the complainant had booked a flat in the project “The Corridors” promoted and developed by the Opposite parties located at Sector 67 A, Gurugram, Haryana on 22.03.2013 for their residential purpose. An offer of allotment letter was issued by the opposite party to the complainant on 07.08.2013 allotting CD – A 3-03-303, 3rd Floor, Tower A 3, admeasuring 1920.22 sq ft for a total sale consideration of Rs.1,92,17,760.34/-. The complainant deposited Rs.1,69,50,040/- towards this flat by way of instalments between on various dates. An Apartment Buyers Agreement (in short, ‘the ABA’) was entered into between the complainant and the opposite party on 10.07.2014. As per clau
Delays in possession of real estate mandate full refund to consumers under the Consumer Protection Act.
Committed date - the committed date has to be reckoned from the date of the sanction of building plans which includes the date of approval of the fire safety scheme.
Right to Compensation - The right of the consumer to be compensated for inordinate delay in the offer of possession of a residential apartment booked by them due to inordinate delays by builders when....
Arbitration Clause - An arbitration clause in the Agreement does not bar the jurisdiction of the consumer fora to entertain the complaint.
(1) Delay - the construction of a residential apartment constitutes a ‘service’ and that the delay in not adhering to the indicated time schedule constitutes deficiency in service.(2) Refund – the de....
The court held that the delay in possession does not constitute a deficiency in service, provided the developer adheres to the agreed timeline including permissible grace periods.
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....
No Occupancy Certificate – The Occupation Certificate is not available even as on date, which clearly amounts to deficiency of service.
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