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DINESH SINGH, KARUNA NAND BAJPAYEE
Country Colonizers Pvt. Ltd. – Appellant
Versus
Satish Sharma – Respondent
ORDER
These eleven (11) appeals no. 23, no. 120, no. 222, no. 389, no. 390, no. 392, no. 393, no. 419, no. 832, no. 1064 and no. 1065 of 2019 have been filed under Section 19 of The Consumer Protection Act, 1986 in challenge to the Orders (11 nos.) dated 11.07.2018, dated 29.08.2018, dated 10.04.2018, dated 30.10.2018, dated 16.10.2018, dated 11.10.218, dated 29.11.2018, dated 24.12.2018, dated 13.02.2019, dated 12.04.2019 and dated 12.04.2019 of the State Commission in complaints no. 68 and no. 442 of 2018, no. 263 of 2017, no. 237, no. 537, no. 284, no. 580, no. 137 and no. 796 of 2018 and no. 33 and no. 34 of 2019.
2. The learned counsel for the appellant builder co. submits that, earlier, appeals no. 281, no. 282 and no. 1967 of 2019 filed by the same appellant had been decided by this Commission vide its Order dated 10.08.2022. The instant eleven (11) appeals have been filed in similar facts and on same questions of law. She has no additional arguments to make other than which had already been made and considered when the appeals no. 281, no. 282 and no. 1967 of 2019 were heard. Her submission is that as the facts are similar and the questions involved are the same she does not
(1) Unreasonable delay - It is a well settled position that in case of unreasonable delay beyond the agreed and assured period, two parallel rights accrue to the consumer.(2) Grace period - Any perio....
Two parallel rights - It is a well settled position that in case of unreasonable delay beyond the agreed and assured period, two parallel rights accrue to the consumer.
“A consumer cannot be made to wait indefinitely or unreasonably and thus complaints hold entitled for refund of amount deposited under Builder Buyer Agreement.”
The builder's delay in possession constituted deficiency of service, requiring compensation with interest under consumer protection law.
Just & equitable - the compensation has to be just and equitable, commensurate with the loss and injury suffered.
Flat Buyer’s Agreement – Denial of timely possession despite substantial payment – Payment of interest on refund of principal amount is necessary.
(1) Justified Withholding of Payments – An allottee is not necessarily “at fault” for stopping installments if it is evident that the builder is nowhere near completing the project by the committed d....
(1) Unreasonable delay – in a case of an unreasonable delay in offering possession of the allotted flat, the consumer cannot be compelled to accept possession at a belated stage and is entitled to se....
Compensation - Since the compensation in the form of interest has already been awarded, the Respondents/Complainants shall not be entitled for any other compensation.
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