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RAM SURAT RAM MAURYA
Major Sandeep Vinayak – Appellant
Versus
Army Welfare Housing Organization – Respondent
ORDER
Heard Mr. Apoorv Kurup, Advocate, for the complainants and Mr. Anand Shankar Jha, Advocate, for the opposite parties.
2. IA/2093/2021 filed by Col. Hemant Parmar for deletion of his name from the impleadment application from IA/16123/2019. The application is allowed. Col. Hemant Parmar is deleted from the application.
3. 51 buyers of dwelling units have filed above complaint in representative capacity on behalf of numerous buyers for various reliefs. At the time of arguments, relief (j) to award suitable compensation to the flat buyers for inordinate delay in construction/ handing over possession of the flats, for causing mental agony and for burdening with the increased materials costs due to delay, deviation cost charged by HUDA due to lack of proper supervision/planning by AWHO amounting to more than Rs.2/- crores and same be given to all the aggrieved allottees along with interest @15% per annum, has been pressed.
4. This Commission, vide order dated 19.05.2017, rejected the application for permission to file the complaint in representative capacity under Section 12 (1) (c) of Consumer Protection Act, 1986 and dismissed the complaint as time barred. However, Supreme Court
Delayed Compensation - None of the complainants have raised any objection relating to delayed compensation at the time of taking possession, therefore, they cannot be allowed to raise objection in th....
Valid Possession – Giving possession / offering possession to the allottees without obtaining requisite completion certificate / occupation certificate is not a valid possession / offer of possession....
(i) the Opposite Party Developer shall complete the construction of allotted flats/Apartments in all respect within a period of six months from today and shall offer possession to the Complainants af....
Holding Charges – If an allottee fails to take possession, when offered by the company, the allotee shall be liable to pay holding charges.
The court held that arbitrary price increases by housing authorities without valid justification violate consumer rights.
Allottees held entitled for compensation for delay in delivery of possession of flat in question.
Revision in Cost - Although the cost in Registration Booklet was tentative and the opposite party is competent to revise the cost after final construction but the cost was revised on incorrect ground....
“Allottees of Flats cannot be made to wait indefinitely for possession of their flats.”
The court determined that delayed compensation is owed at 6% per annum in cases of non-compliance with delivery timelines dictated by agreements.
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