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DEEPA SHARMA, SUBHASH CHANDRA
DLF Homes Panchkula Pvt. Ltd. – Appellant
Versus
Sunita Dhull – Respondent
ORDER
Deepa Sharma, Presiding Member—The present appeal has been filed by the appellant/opposite party against the Order dated 23.04.2018 of the State Commission whereby the complaint no. 595 of 2017 was allowed.
2. Brief facts of the case are that the complainants/respondents booked a flat in the project of appellant Company in “The DLF Valley” situated in Sector-3, Kalka Pinjore Urban Complex, Panchkula on 30.03.2010. The complainants were allotted unit no. DVF-E7/29, second floor of 1450 sq. ft. vide allotment letter dated. 03.04.2010 and subsequently on 24.02.2011, Independent Floor buyer’s agreement was also executed in their favour. The respondents/complainants had paid Rs. 31,91,915/- to the appellant against the total sale consideration of Rs. 32,18,999/-. As per clause 11 (a) of the agreement, the appellant promised to deliver possession within 24 months from the date of execution of the agreement i.e. by 23.02.2013. The respondents were, however, offered possession of the said unit on 15.11.2016, after a delay of more than 30 months. The appellant vide possession letter dated 15.11.2016 increased area by 157 sq.ft. and charged Rs. 2,50,000/- for the said increase. It is a
:(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 ....
Non-availability of the Occupancy/Completion Certificate points to the deficiency on the part of the Appellant.
The court confirmed the right to interest for delayed possession, noting the absence of force majeure and completion certificate.
Allotment of flat – Deficiency of service – Delay in allotment – Modification in rate of interest.
Multiple compensations – Multiple compensations for singular deficiency is not justifiable.
One sided contract term – The Builder cannot seek to bind the Buyers with such one-sided contractual terms.
(1) Apartment Buyer’s Agreement – Developer cannot compel apartment buyers to be bound by one-sided contractual terms contained in Apartment Buyer’s Agreement.(2) Offer of possession without completi....
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-....
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