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RAM SURAT RAM MAURYA, BHARATKUMAR PANDYA
Reena Rao – Appellant
Versus
Panchsheel Buildtech Pvt. Ltd. – Respondent
ORDER
Heard Ms. Reena Rao, Advocate and Mr. Sandiv Kalia, Advocate, for the complainants and Mr. Gautam Mishra, Advocate, for the opposite parties.
2. Ms. Reena Rao and Mr. Anirudha Sengupta have filed above complaint for directing the opposite parties to (i) obtain completion certificate/occupation certificate, execute conveyance deed and hand over possession of the villa allotted to them; (ii) pay delay compensation in the form of interest @ 18% per annum compounded annually on the amount deposited by them from due date of possession till the handing over possession; (iii) reimburse Rs.5,25,500/- of the rent and Rs.45,000/- as shifting charges incurred by them due to delay in delivery of possession; (iv) pay Rs.10 lacs as compensation for mental agony and harassment; (v) complete all the amenities and facilities as per brochure and provide it to them and other residents; (vi) complete the fitting and fixture in the villas as provided in the brochure; (vii) cure structural defect of car parking slot, which should be of an appropriate size where a decent sedan can be parked with access to the passengers to open doors and come out like the one provided with 142 sq. yd. villas; (viii
Builder liable for delay in possession and unauthorized cost increases, with compensation mandated.
(1) Builder cannot change the area of flat unilaterally(2) Interest promised in agreement should be granted to flat buyer
Delayed Payment – Opposite Party shall not charge any interest for delayed payment or holding charges in view of the admitted delay on its part.
(1) Construction completed in Aug. 2017, as such, there was delay in construction of more than 2 years.(2) Offering possession of incomplete construction and without obtaining “Completion Certificate....
(1) Arbitration Clause – Arbitration Clause in the Agreement does not bar the jurisdiction of the Consumer Fora to entertain the Complaint.(2) Additional Amount – Developer is entitled to charge the ....
Writ at large - Deficiency in service in delay in delivery of the flats booked by complainants against consideration is thus writ large.
The court determined that delayed compensation is owed at 6% per annum in cases of non-compliance with delivery timelines dictated by agreements.
Court held that one-sided contractual terms favoring builders amount to unfair trade practices under consumer laws, entitling buyers to refunds and compensation for delays.
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