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DEEPA SHARMA, SUBHASH CHANDRA
Royal Build Square Pvt. Ltd. – Appellant
Versus
Kaushalya Memani – Respondent
ORDER (ORAL)
Final arguments heard on behalf of both the parties.
2. Vide this appeal, the appellants, who were the opposite parties before the State Commission, have challenged the order dated 06.12.2017 of the State Commission in C.C. No. 17 of 2014.
3. The brief admitted facts of the case are that the respondent, hereinafter be referred as complainant, had booked a flat in the project “Unique Green Acres” of the appellants in Jodhpur. On the basis of the map and documents of the project shown to the complainant, the complainant agreed to buy a flat on 12th Floor of the said project. The consideration amount of the flat was Rs.27,64,500/-. Out of this sum, on various dates, the complainant had paid a sum total of Rs.6,91,459/. Various receipts towards this payment had also been issued by the appellants. Flat No. F-1207 at the 12th Floor was allotted to the complainant. In the month of January, 2014, the complainant learnt that the appellant did not have approval to construct the 12th Floor of the project “Unique Green Acres” and that the appellants had mislead her into this project and thereby adopted unfair trade practices and had committed an act of cheating. Also there was no
LAW POINTReady Reckoner – Compensation payable to the complainant should not be calculated on the basis of the current ready reckoner price of the flat.
Non-compliance with contractual obligations regarding refunds and unjustified deductions constitutes deficiency in service.
(1) Additional Alternate remedy – When a consumer avails such remedy, the lis has to be decided in its entirety. (2) Inseparable part of dispute – The dispute before it[State Commission] had to be de....
Flat Buyer’s Agreement – Denial of timely possession despite substantial payment – Payment of interest on refund of principal amount is necessary.
(1) Justified Withholding of Payments – An allottee is not necessarily “at fault” for stopping installments if it is evident that the builder is nowhere near completing the project by the committed d....
Just & equitable - the compensation has to be just and equitable, commensurate with the loss and injury suffered.
IMPORANT POINT Paper Possession – without obtaining completion certificate, offering possession is not a valid/legal possession and is only a paper-possession.
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