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RAM SURAT RAM MAURYA, BHARATKUMAR PANDYA
Lucknow Development Authority – Appellant
Versus
Ram Krishna Dixit – Respondent
ORDER
Heard Mr. Mukesh Verma, Advocate, for the appellant and Mr. Amit Kumar Dixit, Advocate, for the respondent.
2. The opposite party has filed above appeal from the order of State Consumer Disputes Redressal Commission, U.P. dated 22.11.2023 passed in CC/11/2002 & CC/6/2011, directing the appellant to pay interest @12% per annum on Rs.178783/-, deposited by the respondent from the date of respective deposit till the date of payment, within 30 days, failing which, interest would be payable @15% per annum; pay damages at the rate of Rs.50/- per day from the date of first allotment dated 05.10.1990 till 06.06.2015 the date of giving possession; pay compensation of Rs.One lac with interest @12% per annum from 05.10.1990 till 06.06.2015, within 30 days, failing which, interest would be payable @15% per annum; charge an amount of Rs.425000/- and not Rs.1158000/-, as the cost of the flat allotted to the complainant and refund excess amount within 30 days, failing which, interest would be payable @12% per annum; withdraw demand notice dated 24.12.2001 and also withdraw the amount of interest raised against allotment letter dated 05.10.1990; pay Rs.20/- lacs with interest @12% per annum
Allotment of flat – Delay – Compensation cannot be granted in multiple heads.
(1) Development Authority - The development authority is a government authority and is required and expected to function in accordance with the prescribed administrative and financial rules, its acco....
Important Points(1) Cancellation – It is notable that the cancellation was done without even a letter setting out the reasons and/or steps taken by it to suitably rectify the situation.(2) Refund – T....
One sided contract term – The Builder cannot seek to bind the Buyers with such one-sided contractual terms.
(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....
Flat Buyer’s Agreement – Denial of timely possession despite substantial payment – Payment of interest on refund of principal amount is necessary.
Non-availability of the Occupancy/Completion Certificate points to the deficiency on the part of the Appellant.
(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....
Delay in allotment of flat – Deficiency in service – Failure to provide completion/occupation certificate by Development Authority.
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