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DEEPA SHARMA
Rajwada Group – Appellant
Versus
Joyeeta Sarka – Respondent
ORDER
IA No. 4458 of 2020 (condonation of delay)
This application has been filed for condoning the delay in filing the present Appeal. Not opposed. Application is allowed on payment of cost of Rs.5000/- to the respondent by way of demand draft within 4 weeks.
First Appeal
The present Appeal has been filed against the order dated 16.01.2020 of the State Commission West Bengal.
2. The brief facts of the case are that respondent / complainant ( hereinafter referred to as ‘complainant’) had entered into an agreement to purchase a flat measuring 1015 sq.ft. being flat No. 5-C on the 5th Floor in Block-A together with one open car parking space measuring more or less 120 sq. ft. in G + 12 storied building together with proportionate undivided share of land situated at Municipal holding No.57, Vivekananda Sarani, P.S.Sonarpur, Dist. South 24 Parganas within the local limits of Ward No.26 of Rajpur-Sonarpur Municipality at a total consideration of Rs.41,07,000/- on 27.05.2014. She had stated that she had paid a sum of Rs.40,24,994/- as part consideration. She also obtained a loan from LIC Housing Finance Ltd. and also approached State Bank of India Baruipur Branch for obtaining the loan. A
“Excess Area” - The real test for excess area would be that the opposite party should provide a comparison of the areas of the original approved common spaces and the flats with finally approved comm....
Deficiency in Service – Deficiency in service is manifest as possession has not been offered by the respondents despite payment of nearly 90% of the consideration agreed upon between the parties.
(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....
The court confirmed the right to interest for delayed possession, noting the absence of force majeure and completion certificate.
Appellant is silent on the question of completion certificate as well as allotment of stilt parking to Complainants which proves deficiency of service on its part.
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