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DINESH SINGH, KARUNA NAND BAJPAYEE
Country Colonizers Pvt. Ltd. – Appellant
Versus
Anjana Saini – Respondent
ORDER
These two (02) appeals, no. 475 and no. 850 of 2019, under Section 19 of The Consumer Protection Act, 1986 are in challenge to the Orders (02 nos.) dated 01.01.2019 and dated 13.02.2019 of the State Commission in complaints no. 658 and no. 579 of 2018.
2. We have heard the learned counsel for the builder co. (the appellant in both appeals) and for the complainants (the respondents in appeal no. 475 of 2019 and the respondents no. 1 & no. 2 in appeal no. 850 of 2019) and for the finance co. (the respondent no. 3 in appeal no. 850 of 2019) and have perused the record.
3. The learned counsel inform that earlier appeals no. 281 of 2019, no. 282 of 2019 and no. 1967 of 2019, relating to the same project, were dismissed by this bench vide Order dated 10.08.2022. Thereafter a co-ordinate bench of this Commission, placing reliance on the aforesaid Order, dismissed appeal no. 1926 of 2018 vide its Order dated 15.09.2022. The learned counsel provide copies of the Orders dated 10.08.2022 and dated 15.09.2022.
The Order dated 10.08.2022 passed by this bench is being reproduced below for reference:—
Dated: 10 Aug 2022 (in appeals no. 281, 282 and 1967 of 2019)
Order
These three (03)
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.
(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....
“A consumer cannot be made to wait indefinitely or unreasonably and thus complaints hold entitled for refund of amount deposited under Builder Buyer Agreement.”
Compensation - Since the compensation in the form of interest has already been awarded, the Respondents/Complainants shall not be entitled for any other compensation.
The builder's delay in possession constituted deficiency of service, requiring compensation with interest under consumer protection law.
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....
Just & equitable - the compensation has to be just and equitable, commensurate with the loss and injury suffered.
One-sided contractual terms - Appellant-Builder cannot seek to bind the Respondent with such one-sided contractual terms.
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