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RAM SURAT RAM MAURYA, INDER JIT SINGH
Yoginder Singh, Mrs. Usha Singh – Appellant
Versus
Ramprastha Promoters & Developers Pvt. Ltd. – Respondent
ORDER
Dr. Inder Jit Singh, Member—The present Consumer Complaint (CC) has been filed under Section 12(1)(c) of the Consumer Protection Act, 1986 (for short “the Act”) by the Complainant No.1 on behalf of/or for the benefit of all the persons including the other complainants who have been allotted a flat and who have common interest in the project and a common grievance against Opposite Party (OP) as detailed above in the Project namely, ‘The Edge Towers’ of the OP, inter alia praying for:—
(i) To direct the OP to complete construction and deliver possession to each of the complainants and to all persons/consumers on whose behalf and for whose benefit the present complaint is filed and who are interested in the said project, their respective flats in the said project, strictly in accordance with the specifications, sanctioned plans along with necessary common facilities and services as per ABA.
(ii) To direct the OP to pay compensation to all the allottees for delay in giving possession @ 18% p.a.
(iii) To restrain OP from demanding legal, Registration and deed of Apartment ch
Indefinitely - The complainants cannot be made to wait for an indefinite time and suffer financially.
Writ at large - Deficiency in service in delay in delivery of the flats booked by complainants against consideration is thus writ large.
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.
Flat Buyers have right to receive fair delay compensation when developers unduly and unreasonably delayed possession as per Agreement.
Consumers have the right to timely possession and compensation for undue delays as established by precedents under the Consumer Protection Act.
(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....
(1) Interest – when the Project has not taken off, the OP Developer is duty bound to refund the amount to the said Complainants alongwith appropriate interest.
(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....
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