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RAM SURAT RAM MAURYA
Ram Shanker Mahalaha – Appellant
Versus
Parsvnath Developers Ltd. – Respondent
ORDER
Heard Mr. Sanjeev Kr. Sharma, Advocate, for the complainants and Mr. Prabhakar Tiwari, Advocate, for the opposite party.
2. Above complaint has been filed, for directing the opposite party to (i) handover possession of Flat No.B-5-1002 and two car parking space, in the building “Parsvnath Exotica”, complete in all respect as per specifications, forthwith, (ii) pay Rs.3855985/- towards reimbursement of overdue of 2/3rd EMI, since October, 2013 till August, 2016 and pay EMI continuously till payment of 2/3rd EMI, (iii) pay Rs.2169600/- as delayed compensation from May, 2011 till August, 2016 and go on paying till delivery of possession, (iv) refund Rs.4/- lacs, charged for two car parking spaces, (v) pay Rs. 50036/- per month, due to increase in interest of EMI from June, 2008 to December, 2008 and further to pay increase interest as and when it is increased on the loan amount till payment of 2/3rd EMI, (vi) pay interest @24% per annum on the deposit of the complainants; or in alternative to pay Rs.63692253/-, with interest @24% per annum from the date of filing the complaint till the date of realization, (vii) pay Rs.25/- lacs, as compensation for mental agony and harassment,
Delayed compensation - As the builder was paying EMI, the complainants cannot claim interest on this amount, as delayed compensation.
Contractual clauses that impose unfair obligations are unenforceable, and unreasonable delays in property possession warrant compensation.
Without sanction of layout plan - Without sanction of layout plan, the opposite party has realised more than the basic sale price of the flat, which amounts to unfair trade practice.
Developers must adhere to contractual obligations regarding property possession timelines to protect consumer rights.
1) If the construction wasn’t complete and not in habitable condition, then issue for fit out possession notice by the Opp. Party was not proper.2) Without obtaining Occupancy Certificate from the st....
Wait indefinitely – Complainants cannot be made to wait indefinitely for possession of the booked Flat, as even till date the construction is incomplete.
(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....
Builders are liable for delay compensation until possession is offered, despite claims of force majeure.
Delayed Compensation - The complainants are entitled for delayed compensation in the form interest @6% per annum on their deposit from 10.09.2015 to 21.02.2018 – On facts, the complaint is partly all....
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