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SUBHASH CHANDRA, J. RAJENDRA
Chetan Parkash – Appellant
Versus
Alm Infotech City Pvt. Ltd. – Respondent
ORDER
AVM J. Rajendra, AVSM, VSM (Retd.), Member—This Order shall decide both the Appeals arising out from the impugned Order dated 12.07.2016 passed by the learned State Consumer Disputes Redressal Commission, Haryana, Panchkula (hereinafter referred to as the “State Commission”) in Consumer Complaint No. 90/2015, wherein the State Commission partly allowed the complaint.
2. There was a delay of 230 days in the filing of Appeal no. 618 of 2017. For the reason stated in IA/4333/2017, the delay is condoned.
3. For Convenience, the parties are being referred to as mentioned in the Complaint before the State Commission. Chetan Prakash (hereinafter referred to as the Complainant) being First Appeal No.1128 of 2016. While the M/s. ALM Infotech City Private Ltd. & Anr. (hereinafter referred to as the Opposite Parties / OPs. Builder) being First Appeal No.618 of 2017.
4. Brief relevant facts of the case are that the Complainant Shri Chetan Prakash booked a flat bearing No.3C, Block Panaroma, Type 3BR, 3rd Floor, ILD Grand, Sector 37-C, Gurgaon, admeasuring 1789 Sq Ft with ALM infotech City Private Limited (for short ‘the Builder’/Opposite Parties). The Complainant made an initial payment
(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.
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