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SUDIP AHLUWALIA, INDER JIT SINGH
Managing Director, Army Welfare Housing Organisation (AWHO) – Appellant
Versus
Pradeep Kumar Kaushik (Retd. ) – Respondent
ORDER
Sudip Ahluwalia, Member—The present batch of First Appeals has been filed by the Appellants against various Allottees Respondents challenging their respective impugned orders. Since the facts and questions of law involved in all the Appeals are similar, except for minor variations in the dates of events, amounts, etc., so these Appeals are being decided by this common order. However, for the sake of brevity, First Appeal bearing No. 2013 of 2018 is treated as the lead case and the facts enumerated hereinafter are taken from First Appeal bearing No. 2013 of 2018.
2. This Appeal challenges the impugned order dated 17.04.2018 passed by the State Consumer Disputes Redressal Commission, Haryana, Panchkula in Consumer Complaint No.251 of 2016. Vide such order, the State Commission allowed the Complaint of the Respondent/ Complainant and ordered the Appellants/ Opposite Parties to pay interest @15% per annum from 08.12.2011 to 07.09.2014 on the amounts deposited by the Respondent/ Complainant from the dates of the respective deposits.
3. The brief facts of the case are that the Com
Long Delay - Heavy rain and change in foundation delay by the contractor, etc. cannot be a valid argument for such long delay.
One sided contract term – The Builder cannot seek to bind the Buyers with such one-sided contractual terms.
(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.
(1) Apartment Buyer’s Agreement – Developer cannot compel apartment buyers to be bound by one-sided contractual terms contained in Apartment Buyer’s Agreement.(2) Offer of possession without completi....
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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