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RAM SURAT RAM MAURYA
Vidya – Appellant
Versus
Parsvnath Developers Ltd. – Respondent
ORDER
Heard Mr. Madhurendra Kumar, 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 Unit No.702, Tower-2, in the building “Parsvnath Paramount”, complete in all respect as per specifications, forthwith, (ii) to pay delayed compensation of Rs.13736350/- with interest @24% per annum, (iii) to pay Rs.20000/- per month from the date of filing of the complaint till delivery of possession, (iv) to pay Rs.110000/-, as the costs of litigation, (v) to pay Rs.10/- lacs, as compensation for mental agony and harassment; and (vi) any other relief which is deemed fit in the facts and circumstances of the case. The complaint was amended with the leave of the Commission vide order dated 24.03.2022 and relief of refund of money as per market value of the flat with interest @ 24% per annum has been prayed.
3. The complainants stated that M/s. Parsvnath Developers Limited (the opposite party) was a company, registered under the Companies Act, 1956 and engaged in the business of development and construction of group housing projects. The opposite party launched a
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.
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....
Contractual clauses that impose unfair obligations are unenforceable, and unreasonable delays in property possession warrant compensation.
Developers must adhere to contractual obligations regarding property possession timelines to protect consumer rights.
Delayed compensation - As the builder was paying EMI, the complainants cannot claim interest on this amount, as delayed compensation.
Wait indefinitely – Complainants cannot be made to wait indefinitely for possession of the booked Flat, as even till date the construction is incomplete.
Award of Interest - when interest is awarded as compensation then awarding additional compensation was not justified.
LAW POINT Global recession – Complainants cannot be made to wait indefinitely for the delivery of possession and the act of the Opposite Party in relying on global recession while retaining the amou....
Builders are liable for delay compensation until possession is offered, despite claims of force majeure.
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