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C. VISWANATH, RAM SURAT RAM MAURYA
Sanjay Kumar Singh – Appellant
Versus
Ramprastha Promoters and Developers Pvt. Ltd. – Respondent
ORDER
The case of the Complainants is that in May, 2014 they booked Flat No.E-901 admeasuring super area of 1695 sq.ft. alongwith two car parking spaces with the Opposite Party in the project, namely, Primera located in Sector 37D, Dwarka Expressway, Gurugram for a total consideration of Rs.1,25,00,148/- as per Apartment Buyer Agreement dated 30.08.2014. In Clause 15 of the said form, the Complainants, vaguely mentions possession to be delivered within 54 months from the date of approval of the building plan by the office of DGTCP. However, the special subvention plan promised that the possession was to be delivered on or before 30.09.2017. The Complainants paid a total amount of Rs.37,50,044/-. The Complainant made several calls and sent emails to ascertain the stage of work as well as the approval of the building plan by DTCP, but in vain. Since there was no response from the Opposite Party and due to urgent financial requirements, the Complainants, vide email dated 03.11.2015, requested for cancellation of the said unit. On 23.02.2016, the Opposite Party assured that refund cheque was ready and only minor formalities were still pending. The offer of the Opposite Party to change
(1) Contract - A term of a contract, will not be final and binding if it is shown that the consent to the said term was not really voluntary, if the person giving consent had no other choice. (2) Nom....
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.
“Since the possession of subject flats were not delivered within the stipulated time, allottee held entitled for refund of amount deposited with interest.”
Consumers are entitled to refunds for unreasonable delays in property possession, affirming their rights under contracts.
(1) Earing profits - The onus of establishing that the Complainant was dealing in real estate i.e. in the purchase and sale of plots/ flats in his normal course of business to earn profits, shifts to....
Specified time - Therefore when possession of the allotted plot/flat/house is not delivered within the specified time, the allottee is entitled to a refund of the amount paid, with reasonable Interes....
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