Back
SUBHASH CHANDRA
KLJ Developers Private Limited – Appellant
Versus
Ajay Singal – Respondent
ORDER
This first appeal under Section 51 of the Consumer Protection Act, 2019 (in short, ‘the Act’) assails the order dated 22.11.2021 of the Delhi State Consumer Disputes Redressal Commission, New Delhi (in short, ‘the State Commission’) in Complaint case no.CC/1350 of 2016 allowing the complaint.
2. I have heard the learned counsel for the parties and have carefully perused the material on record.
3. The relevant facts of the case, in brief, are that the respondent had booked flat in a project of the appellant namely KLJ Heights, Bahadurgarh, Haryana. As per the Flat Buyers Agreement (FBA) dated 07.11.2012. Flat No.503, Tower B 2 admeasuring 1600 sq ft (super area) was allotted to the respondent for a sale consideration of Rs.1920/- per sq foot exclusive of all other charges mentioned in the schedule of payment. As per Clause 4 (1) and 4 (2) of the FBA, the appellant was required to deliver the flat within 36 months from the date of the FBA with a grace period of six months, i.e., by 06.05.2016. As per the application form and the FBA, the appellant had stated that all approvals were in place since 2008 to develop the said project and that the flat in question would be delivered
Delays in possession of real estate mandate full refund to consumers under the Consumer Protection Act.
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....
Right to claim refund - the complainant in the present circumstances have a legitimate right to claim refund alongwith fair delay compensation/interest from the OP.
Delay in delivery of possession constitutes unfair trade practice under the Consumer Protection Act.
Unreasonable Delay - In a case of an unreasonable delay in offering possession, a buyer cannot be compelled to accept possession at a belated stage and is entitled to seek refund of the amount paid w....
Specified time - Therefore when possession of the allotted plot/flat/house is not delivered within the specified time, the allottee is entitled to a refund of the amount paid, with reasonable Interes....
The court held that the delay in possession does not constitute a deficiency in service, provided the developer adheres to the agreed timeline including permissible grace periods.
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
