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RAM SURAT RAM MAURYA, INDER JIT SINGH
Susheel Kumar Tanwar – Appellant
Versus
Mantri Castles Pvt. Ltd. – Respondent
ORDER
Heard Mr. Naresh K. Daksh, Advocate, for the complainants and Mr. Shekhar G. Devasa, Advocate, for opposite party.
2. Above complaint has been filed for directing the opposite party to (a) refund Rs.15960114/- with interest @ Rs.150000/- per month from the date of deposit till its realization; or in alternative (b) hand over the possession of Flat No.N-1603, Block-5 located on 16th Floor having area of about 1710 sq. feet in project “Mantri Serenity” at land bearing Sy. No.57(P), 58 (P), 59(P) and 60(P) all situated at Doddakallasandra Village, Uttarahalli Hobli, Off Kanakapura Road, Bangalore South Taluk, Bengaluru along with all agreed infrastructure, amenities, fittings, fixtures an facilities within stipulated period and; (c) to award an amount of Rs.4950000/- being damages/penalty @18% per month since 01.01.2016 till 30.09.2018 and also award sum of Rs.150000/- per month since 01.10.2018 till the date of handing over possession of flat after completion in all respect; (d) to award a sum of Rs.2000000/- in favour of complainants and against opposite party towards compensation for negligent, deficient and unfair trade services and practices of the opposite party and also f
Award of Interest - when interest is awarded as compensation then awarding additional compensation was not justified.
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.
The court held that the delay in possession does not constitute a deficiency in service, provided the developer adheres to the agreed timeline including permissible grace periods.
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....
Builders are liable for delay compensation until possession is offered, despite claims of force majeure.
Developers must adhere to contractual obligations regarding property possession timelines to protect consumer rights.
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