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AVM J. RAJENDRA
Omaxe Chandigarh Extension Developers Pvt. Ltd. – Appellant
Versus
Pawan Kapoor – Respondent
ORDER
The present First Appeal has been filed under Section 19 of the Consumer Protection Act, 1986 (“the Act”) against the Order dated 13.07.2018 passed by the learned Punjab State Consumer Disputes Redressal Commission Chandigarh (“the State Commission”), in Consumer Complaint No.11 of 2018 wherein the State Commission allowed the complaint filed by the Complainant (Respondent herein).
2. Brief facts of the case, as per the Complainant, are that the Complainant/ Respondent booked a residential plot in the upcoming Township project of OP called “Omaxe Chandigarh Extn”. (In short “Residential Project”) situated at Mullanpur, Chandigarh Extension, SAS Nagar, Mohali, Punjab. The Complainant initially paid Rs.14,00,000/- as booking amount by cheques against receipt dated 03.10.2011. The plot was purchased under Time Link Plan. As per the Agreement, the Basic Sale Price of 301.38 Sq Yds plot was Rs.31,33,185.66 along with Rs.1,00,000/- as club charges, Rs.30,000/- as Interest Free Maintenance Security (IFMS), Rs.4,95,770/- as PLC and Rs.1,490/- per Sq Yd (Rs.4,04,150.58) as External Development Charges (EDC) and thus the Total Price of the Plot was Rs.41,63,106.24.
3. The Complainant paid
Non-availability of the Occupancy/Completion Certificate points to the deficiency on the part of the Appellant.
:(1) Standard Compensation Rate – In cases where the Allottee has already taken possession of the unit, compensation for the delay should not be excessive.(2) Overlapping Heads of Damages – Consumer ....
One sided contract term – The Builder cannot seek to bind the Buyers with such one-sided contractual terms.
(1) Final and Binding terms of a Contract – A terms of a contract will not be final and binding if it is shown that the flat purchasers had no option but to sign on the dotted line, on a contract fra....
(1) Possession - If the developer fails to deliver possession of the allotted plot/flat within the stipulated time, the allottee is under no obligation to accept an alternate plot.(2) Interest - When....
One-Sided Clauses are Not Binding – When a builder charges high penal interest for payment defaults by the buyer, providing a significantly lower compensation for their own breach constitutes a “one-....
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