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K. SURENDRA MOHAN, T. S. P. MOOSATH, RANJIT R., BEENAKUMARI A., RADHAKRISHNAN K. R.
Sunitha Jose @ Sunitha Aji – Appellant
Versus
Beena Jose @ Beena Joseph – Respondent
ORDER
Radhakrishnan K.R., Member—This is an appeal filed under section 41 of the Consumer Protection Act 2019 against the order in C.C. No. 176/2018 passed by the Consumer Disputes Redressal Commission, Idukki (District Commission for short).
2. As per the order dated 29.11.2019 the District Commission directed the opposite parties to refund the entire amount of Rs. 18,50,513/- received from the complainants, with 18% interest per annum from 31-07-2009, the date of agreed delivery of the flat, till realisation. Opposite parties are further directed to pay compensation of Rs. one lakh and litigation cost of Rs. 10,000/- to the complainants within 30 days of receipt of a copy of the order, failing which the amount shall carry 12% interest per annum from the date of default, till its realisation.
3. The brief details of the complaint are as under:
The complainants are husband and wife. They booked a flat having 1569 square feet area in the 9th floor of the apartment named “Value View” constructed by the opposite parties in Olamattom Kara in Thodupuzha Village. The agreed price of the flat was Rs.22,26,554/- + Rs.1,25,000/- for car parking. The opposite party agreed to complete the con
Right to approach - Thus as long as the flat is not fully constructed and handed over in time, the person who booked the flat has the right to approach the appropriate forum for redressal of his grie....
(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.
Interest – It is well established principle that the interest in the form of interest should be just and equitable and commensurate with the loss and injury.
Flat Buyer Agreement – Delay in delivery of possession – Rate of interest on amount of refund cannot be less than that as provided in agreement.
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