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RAM SURAT RAM MAURYA, INDER JIT SINGH
Varun Goyal – Appellant
Versus
Suncity Pvt. Ltd. – Respondent
ORDER
Heard Mr. Shekhar Gehlot, Advocate, for the complainant and Mr. Pravin Bahadur, Advocate, for the opposite party.
2. The complainant has filed IA/5889/2018, for adducing additional documentary evidence, IA/12613/2018, for condoning the delay in filing the amended complaint and IA/12612/2018 for amending the complaint, which are allowed. Amended complaint and documentary evidence are taken on record.
3. Varun Goyal filed above complaint, for directing the opposite party to pay (i) Rs.700548/-, towards loss of rent from 15.02.2014 to 01.09.2017, (ii) Rs.713359/-, towards excess payment of tax due to delay, (iii) Rs.921612/-, towards loss of extra interest on the amount paid to builder due to erroneous charging, (iv) Rs.142881/-, the amount of GST and other taxes enforced after 15.02.2014, (v) Rs.5/- lakhs, for not providing Jacuzzi, Shower, Cubicle in all bathrooms and modular kitchen, (vi) Rs.10/- lakhs, as compensation for mental agony and harassment, (vii) pay Rs.100000/- as cost of the litigation, (viii) Rs.7040194/-, for illegal retention of money during 15.02.2014 to 01.09.2017; and (ix) any other relief which may be deemed fit and proper in the facts and circumstances of
(1) Offer of Possession - An offer of possession based on occupancy certificate (OC) needs to be considered as valid.(2) Additional Sanction - Additional sanction or safety certificates once an OC ha....
(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....
Consumers are entitled to refunds for unreasonable delays in property possession, affirming their rights under contracts.
The court affirmed consumer rights to timely possession and reasonable compensation despite contractual waivers, emphasizing obligations of developers in real estate transactions.
The court determined that delayed compensation is owed at 6% per annum in cases of non-compliance with delivery timelines dictated by agreements.
Consumers have the right to timely possession and compensation for undue delays as established by precedents under the Consumer Protection Act.
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