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SUDIP AHLUWALIA
Neena Aneja – Appellant
Versus
Jai Prakash Associates Ltd. – Respondent
ORDER
Sudip Ahluwalia, Presiding Member—This Consumer Complaint has been filed under Section 21 of the Consumer Protection Act, 1986, seeking refund of Rs.53,84,328/- along with interest at the rate of 18% p.a. from the respective dates of payment till the date of filing of the complaint, totalling to Rs.2,18,86,850/-, and other ancillary reliefs.
2. The brief facts leading upto the present Complaint are that the Opposite Party had contracted/undertaken to render service of Housing Construction to the Complainants by developing and delivering residential premises in an upcoming group residential complex, namely KRESCENT Homes Project situated at Jaypee Greens, Noida. It is the case of the Complainants that based on representations of the Opposite Party, they booked a Flat for a total consideration of Rs.56,45,580/- in the said project, and paid Rs.3,50,000/- as booking advance. It is further averred that the Complainants were subsequently allotted a Flat bearing No. KRH0080404 having a super area of 114.27 sq. mtrs. in the said Project, vide Provisional Allotment Letter dated 29.11.2011 which also stated that the possession was to be handed over within 42 months i.e., by 29.05.2015
Fair and Delay Compensation - Opposite Party has not given any timeline when it will give possession of the Unit to the Complainants. Therefore, the Complainants are entitled for fair and delay compe....
Failure to deliver possession constitutes deficiency in service, validating consumer refunds with interest.
One-sided contractual terms - Appellant-Builder cannot seek to bind the Respondent with such one-sided contractual terms.
(1) Refund of money - The home buyer is entitled to claim refund of money with interest from the appellant under Section-19 (4) of the Real Estate (Regulation and Development) Act, 2016.(2) Possessio....
Right to claim refund - the complainant in the present circumstances have a legitimate right to claim refund alongwith fair delay compensation/interest from the OP.
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