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A. P. SAHI, INDER JIT SINGH
Sai Krupa Builders – Appellant
Versus
Subhash Ramjang Chourasiya – Respondent
ORDER
This appeal arises out of the order dated 28.02.2024 passed by the State Consumer Disputes Redressal Commission, Maharashtra in CC/599/2014 whereby the complaint filed by the respondent has been allowed granting the relief of possession of flat No.602 admeasuring 625 sq. ft. approximate built up area on the 6th floor of Sai Palace (now known as Om Sai Palace) at survey No.79 (new survey No.57, Hissa No.2) situate at village Goddev, Taluka Thane, Maharashtra to the complainant within a month of the passing of the order. The appellants have been jointly and severally directed to pay compensation in the form of interest @ 9% p.a. on account of delay in handing over the possession till the actual date of handing over of possession as per the time indicated hereinabove, and on failure thereof, the rate of interest would stand enhanced to 12% p.a.
2. They have been jointly and severally directed in the alternative to pay the current market value of the said flat to the complainant and to determine the same in accordance with the valuation report from the office of the Sub-Registrar that will be looked into at the time of the execution.
3. A sum of Rs.5/- lacs for mental and physica
Delay in allotment of flat – Challenge to bar of pecuniary jurisdiction has to be raised at the first instance & cannot be permitted at the appellate stage.
“Since Complainant ceased to be a consumer, complaint held not maintainable.”
(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....
A balanced and reasonable order passed by State Commission is not amenable to interference in revision.
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.
The court established that arbitrary contract terms violate consumer rights; thus, builders must refund deposits while allowing for minimal forfeiture on cancellation.
(1) Contract - A term of a contract, will not be final and binding if it is shown that the consent to the said term was not really voluntary, if the person giving consent had no other choice. (2) Nom....
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