RAM SURAT RAM MAURYA, BHARATKUMAR PANDYA
Max Royal Flat Owner’s Association – Appellant
Versus
Sethi Buildwell Pvt. Ltd. – Respondent
ORDER
Heard Mr. Vinay Gupta, Advocate, for the complainant and Mr. Himanshu Gupta, Advocate, for the opposite party.
2. At the time of arguments on 06.12.2023, the counsel for M/s. Sethi Buildwell Private Limited (the OP) informed that vide Diary No.42854, he had filed an application, for directing the complainant to supply lease agreements executed by the flat owners of the flats in allotted to them, on whose behalf the complaint has been filed and also to disclose their other properties owned or rented in Delhi NCR and payment receipts for the maintenance charges, issued by Apartment Owner’s Association, raising the issue that the flat buyers, on whose behalf this complaint has been filed, are not the consumers. The counsel for the complainant informed that out of remaining 10 flat buyers on whose behalf the complaint has been filed, 4 are residing in their flat, 3 flat owners have let out their flats as they are posted out of city and 3 flat owners have let out their flat or part of it, for meeting out their medical expenses as after retirement from service, their source of income are limited. We found that this application was filed for fishing and roving inquiry only with an i
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Holding Charges – If an allottee fails to take possession, when offered by the company, the allotee shall be liable to pay holding charges.
Indefinitely - The complainants cannot be made to wait for an indefinite time and suffer financially.
Flat Buyers have right to receive fair delay compensation when developers unduly and unreasonably delayed possession as per Agreement.
The court determined that delayed compensation is owed at 6% per annum in cases of non-compliance with delivery timelines dictated by agreements.
Developers are accountable for possession delays and quality issues under housing agreements, invoking the Maharashtra Ownership of Flats Act and Consumer Protection Act.
The court affirmed the consumer's rights to compensation for delayed possession despite objections on consumer status after possession was claimed.
(1) Earing profits - The onus of establishing that the Complainant was dealing in real estate i.e. in the purchase and sale of plots/ flats in his normal course of business to earn profits, shifts to....
Allottees held entitled for compensation for delay in delivery of possession of flat in question.
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