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R. K. AGRAWAL
Unique Affordable Homes Pvt. Ltd. – Appellant
Versus
Harsh Kothari – Respondent
ORDER
The present Appeals have been filed against the Orders dated 22.10.2021 passed by the Rajasthan State Consumer Disputes Redressal Commission Mumbai (hereinafter referred to as State Commission), whereby the State Commission allowed the Complaints filed by the respective Complainants/Respondents and directed the Opposite Parties, i.e., Unique Affordable Homes Private Limited and Unique Builders and Developers (hereinafter referred to as the Appellant Developer) to refund the amount deposited by the respective Complainants/Respondents alongwith interest @10% p.a. with effect from the date of respective date of deposit till realization. The Opposite Parties were also directed to pay Rs.2,00,000/- towards compensation of for mental agony and Rs.50,000/- towards cost of litigation.
2. Since the facts and questions of law involved in all these Appeals are similar, these Appeals are being disposed off through this common Order. However, for the sake of convenience, FA No. 275 of 2022 is treated as the lead case and the facts enumerated hereinafter are taken from Consumer Complaint No. 54/2020.
3. Brief facts of the case as enumerated in CC No. 54/2020 are that the Appellants Develop
Compensation - Since the compensation in the form of interest has already been awarded, the Respondents/Complainants shall not be entitled for any other compensation.
(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....
Flat Buyer’s Agreement – Denial of timely possession despite substantial payment – Payment of interest on refund of principal amount is necessary.
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.
One-sided contractual terms - Appellant-Builder cannot seek to bind the Respondent with such one-sided contractual terms.
Long Delay - Heavy rain and change in foundation delay by the contractor, etc. cannot be a valid argument for such long delay.
(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....
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