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RAJ SHEKHAR ATTRI, PADMA PANDEY, PREETINDER SINGH
Lalit Kumar Arora – Appellant
Versus
Ansal Housing & Constructions Ltd. – Respondent
ORDER
Raj Shekhar Attri, President—This complaint has been filed by the complainant seeking following relief:—
(a) “…..Call for the records of the respondents related to the original proposal and also the subsequent change.
(b) For setting aside the Demand of Rs.6,29,399.23 raised by the respondent in their statement dated 14.02.2022 received on 23.03.2022 alongwith letter dated 14.02.2022.
(c) For issuance directions to the respondent to pay @ Rate of 5/- per Sq Feet per Month on Super area of the Apartment due to late offer of possession in accordance with Clause 35 of the Apartment’s Buyer Agreement dated 30.07.2012, alongwith interest @ 24% per annum.
(d) Direct the respondents to pay interest for every month of delay at prescribed rate i.e. 24% Compounded quarterly from due date of possession i.e. 31.01.2016 till the offer of the possession to the allottee.
(e) And to pay compensation to the tune of Rs.10,00,000/- for harassment and mental agony suffered due to interest paid by the complainant towards home loan and due to the acts of the OPs.
(f) Further to pay Rs.1,33,000/- as Litigation Charges incurred by the complainant in pursuing the present complaint.....”
2. It is
(1) Possession Letter - It is significant to mention here that mere sending of offer of possession letter dated 14.02.2022, Annexure C-3 for fitouts in no way can be termed as possession letter.(2) M....
One-Sided Clauses are Not Binding – When a builder charges high penal interest for payment defaults by the buyer, providing a significantly lower compensation for their own breach constitutes a “one-....
Delayed Possession - possession has not been offered to the Complainants and there is inordinate delay of over 9 years in handing over possession to the Complainants. They are entitled to a reasonabl....
The court affirmed consumer rights to timely possession and reasonable compensation despite contractual waivers, emphasizing obligations of developers in real estate transactions.
Super Built-up area – The alteration in super built up area in large projects including common areas is a common feature and is acceptable if is within a reasonable variable of 5 to 10%.
:(1) Standard Compensation Rate – In cases where the Allottee has already taken possession of the unit, compensation for the delay should not be excessive.(2) Overlapping Heads of Damages – Consumer ....
The court affirmed the consumer's rights to compensation for delayed possession despite objections on consumer status after possession was claimed.
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