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SUBHASH CHANDRA, SADHNA SHANKER
Megacity Apartment Pvt. Ltd. – Appellant
Versus
Sudeep Kumar Pathak – Respondent
ORDER
Dr. Sadhna Shanker, Member.—This appeal has been filed under section 19 of the Consumer Protection Act, 1986 (hereinafter referred to as the ‘Act’) in challenge to the Order dated 21.06.2018 of the State Commission in complaint no. 593 of 2017, whereby the complaint was disposed of.
2. We have heard the learned counsel for the appellant (hereinafter referred to as the ‘developer’) and learned counsel for the respondents (hereinafter referred to as the ‘complainants’) and have perused the record including inter alia the Order dated 21.06.2018 of the State Commission and the memorandum of appeal.
3. There is a delay of 10 days in filing the present appeal.
No application for condonation of delay in filing the appeal has been filed. However, in the interest of justice, the delay of 10 days in filing the appeal is condoned.
4. The facts, in brief, of the case are that on 01.11.2012, the complainants entered into an agreement with the developer to purchase a self-contained flat measuring about 1295 sq. ft. more or less on the 6th floor situated at Block – Vibhuti, Phase – II, together with one covered car parking space on the ground floor under project ‘Deeshari Megacitgy’ situate
Allotment of flat – Deficiency of service – Delay in allotment – Modification in rate of interest.
The court confirmed the right to interest for delayed possession, noting the absence of force majeure and completion certificate.
Deficiency in Service – Deficiency in service is manifest as possession has not been offered by the respondents despite payment of nearly 90% of the consideration agreed upon between the parties.
:(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 ....
Non-availability of the Occupancy/Completion Certificate points to the deficiency on the part of the Appellant.
Interest – It is well established principle that the interest in the form of interest should be just and equitable and commensurate with the loss and injury.
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