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SUBHASH CHANDRA, AVM J. RAJENDRA
Big Banyan Roots – Appellant
Versus
Manu Sharma – Respondent
ORDER
AVM J. Rajendra, AVSM, VSM (Retd.) Member—The present First Appeal has been filed under Section 19 of the Consumer Protection Act, 1986 (hereinafter referred to as “the Act”) against the Order dated 27.02.2018 passed by the Karnataka State Consumer Disputes Redressal Commission, Bangalore (hereinafter to be referred as “the State Commission”), in Consumer Complaint No.146 of 2017, wherein the Complaint filed by the Complainant (Respondent herein) was partly allowed.
2. There was 13 days delay in filing of this First Appeal. For the reason stated in IA 8496/2018, the same is condoned.
3. For Convenience, the parties in the present case are being referred to as mentioned in the Complaint before State Commission.
4. Brief facts of the case, as per the Complainant, are that Mr. VK Ravindra and his family applied for land conversion and subsequently entered into a Joint Development Agreement (JDA) and General Power of Attorney (GPA) with Opposite Party (OP) on 30.08.2010. The OP intended to develop the property by constructing a housing complex named “RK Big Banyan Roots,” comprising multi-storied apartments, common entrances and other amenities.
5. The Complainant agreed to purch
(1) Delay – It is undisputed that there has been delay in the handing over possession of the Flat as per the Agreement and the OP had cancelled the allotment to the Complainant.(2) Question of Law – ....
(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.
Evidence filed has to be looked into.
IMPORANT POINT Paper Possession – without obtaining completion certificate, offering possession is not a valid/legal possession and is only a paper-possession.
For failure of delivery of possession of flats within the stipulated, refund of amount directed.
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