INDER JIT SINGH
Rakesh Singh – Appellant
Versus
Great Mohali Area Development Authority – Respondent
ORDER
The present First Appeals (FAs) have been filed against the common order dated 03.10.2018 of State Consumer Disputes Redressal Commission, Punjab (hereinafter referred to as ‘State Commission’) in CC No. 55 of 2018. FA No. 246 of 2019 has been filed with a delay of 2 days and FA No. 205 of 2021 has been filed with the delay of 760 days. In FA No. 246 of 2019, no condonation of delay application has been filed. Delay of 2 days is condoned after considering the reasons adduced during the hearing. In FA No. 205 of 2021, an IA No. 2552 of 2021 has been filed for condoning the delay. The delay as reported by the Registry is 760 days while delay mentioned in the said IA is 378 days. FA was filed on 15.03.2021. Period from 15.03.2020 to 14.03.2021 i.e. 364 is excluded being the Covid exempted period. Hence the balance delay, after excluding the statutory permissible
period of 30 days comes to 413 days. Interalia, following reasons have been given in the said IA:
a. That the free certified copy of the impugned order was dispatched by the State Commission on 28.12.2018 and received by the Appellant on 15.01.2019 and was diarized in the office of Appellants.
b. Thereafter, the orde
Allotment – Once an allotment letter is made its conditions prevail over the conditions mentioned in the earlier LoI.
(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....
Authorities must clarify payment structures and ensure timely refunds, as consumer rights are pivotal in contractual agreements.
Flat Buyer’s Agreement – Denial of timely possession despite substantial payment – Payment of interest on refund of principal amount is necessary.
(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....
Refund rights of consumers upheld despite payment issues, highlighting supplier's persistent obligation to deliver services as contracted under consumer protection principles.
Real Estate – SC in cases of delay in offer of possession has ordered refund with 9% S.I. per annum which appears to be reasonable.
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