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R. K. AGRAWAL, S. M. KANTIKAR
Basanta Kumar Nandy – Appellant
Versus
Dreamz Infra India Ltd. (Formerly Known As Dreamz Infra India Pvt. Ltd. ) – Respondent
ORDER
The present Consumer Complaint has been filed under Section 12(1)(C) read with Section 13 (6) of the Consumer Protection Act, 1986 (for short “the Act”) by the Complainants, in their representative capacity, agitating their joint, personal as well as collective grievance against the Opposite Party, M/s. Dream Infra India Ltd. (hereinafter referred to as the “Developer”) for the inordinate delay in handing over possession of the Flats booked by them in the Project launched by the Developer under the name and style of “Dreamz Sneh” (hereinafter referred to as “the Project”). Since the interest of the Complainants and other Flat Buyers in the aforesaid Project is the same and identical reliefs have been claimed on behalf of all the Complainants, Interim Application No. 16217/2017 under Section 12 (1) (C) of the Act, was also filed with the Complaint to treat the Complaint as a joint or class-action Complaint. Vide Order, dated 13.02.2018, the said Application was allowed and the Complaint was treated as Joint Complaint on behalf of all the Allottees of the said Project. A no
“Allottees of Flats cannot be made to wait indefinitely for possession of their flats.”
Consumers cannot be compelled to accept possession of property without proper approvals; they are entitled to refund and compensation for delays.
Consumers have the right to timely possession and compensation for undue delays as established by precedents under the Consumer Protection Act.
Possession - Complainants cannot be made to wait indefinitely for possession of the Flat as a period of more than 12 years has lapsed from the committed date of delivery.
Consumers are entitled to refunds with interest when developers fail to deliver property due to one-sided contract terms viewed as unfair trade practices.
Allottees held entitled for compensation for delay in delivery of possession of flat in question.
No Occupancy Certificate – The Occupation Certificate is not available even as on date, which clearly amounts to deficiency of service.
Valid Possession – Mere completion of structure cannot be said that the Apartment is ready for valid possession.
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