Back
SUBHASH CHANDRA, SADHNA SHANKER
Avalon Rojects (A Unit of GRJ Distributors & Developers Pvt. Ltd. ) – Appellant
Versus
Narender Kumar Goyal – Respondent
ORDER
Subhash Chandra, Presiding Member—This order shall dispose of First Appeals No.872 of 2021 and 873 of 2021 since they arise from the same impugned order which pertains to the same project and have the same conspectus of facts. For convenience, facts are being taken from First Appeal No.872 of 2021.
2. This Appeal has been filed by the Appellant/Opposite Party against the order dated 21.09.2021 of the State Consumer Disputes Redressal Commission, Rajasthan (for short “the State Commission”) in Complaint No.151 of 2019 filed by the Respondent (hereinafter referred to as “the Complainant”), praying for allowing the Appeal and to set aside the impugned order and to pass any such further other, as may be deemed fit and proper.
3. Briefly, the facts are that the Complainant is an allottee in the Appellant’s project “Avalon Royal Park”, Bhiwadi, Rajasthan and was allotted plot No.101, Tower A-4, 1st Floor admeasuring 1250 sq. ft. of super area for a basic sale price of Rs.30,44,400/- along with EDC/IDC, PLC, open car parking, IFMS, power backup, club membership etc. A booking amount of Rs.6,27,696/- was paid and a Builder Buyer Agreement (BBA) was executed on 27.04.2013. As per Clau
Occupancy Certificate – Thus an allottee/consumer was entitled to seek refund of the amount deposited by him with the Opposite Party since the Builder had failed to fulfill his contractual obligation....
One-sided contractual terms - Appellant-Builder cannot seek to bind the Respondent with such one-sided contractual terms.
Delay of 5 years - There is a delay of more than 5 years in obtaining completion/ Occupancy Certificate from the promised date of delivery of possession, therefore the Complainant cannot be compelled....
Non-availability of the Occupancy/Completion Certificate points to the deficiency on the part of the Appellant.
Inordinate delay –In a timely fashion would constitute “deficiency in service” on the part of the Opposite Party/Builder.
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
