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SUDIP AHLUWALIA, SADHNA SHANKER
Tejas Dutta – Appellant
Versus
Logix Heights Pvt. Ltd. – Respondent
ORDER
Sadhna Shanker, Member.—This complaint has been filed under Section 58(1)(a)(i) read with Section 35(1)(a) of the Consumer Protection Act, 2019 by the flat owners/complainants/allottees seeking direction to the opposite parties to handover possession of their booked apartments, complete in all respects and in conformity with the allotment letter/specifications, with all additional facilities and as per quality standards promised and execute all necessary and required documents i.e. conveyance and registration of the flats in question in favour of the complainants after obtaining valid occupancy certificate and to pay interest at the rate of 9% per annum on the deposited amount from the stipulated date of possession i.e. 30.06.2018 till the date of actual possession is handed over along with compensation of Rs.75,000/- to each of the complainants for mental agony, harassment and discomfort and undue hardship and Rs.50,000/- to each complainants towards cost of litigation.
2. In view of the law laid down by the Hon’ble Apex Court in the case of Brigade Enterprises Ltd. vs. Anil Kumar Vermani, Civil Appeal No.1779 of 2021, the instant complaint has been filed by seven complainants
Flat Buyers have right to receive fair delay compensation when developers unduly and unreasonably delayed possession as per Agreement.
Writ at large - Deficiency in service in delay in delivery of the flats booked by complainants against consideration is thus writ large.
Super Built-up area – The alteration in super built up area in large projects including common areas is a common feature and is acceptable if is within a reasonable variable of 5 to 10%.
Indefinitely - The complainants cannot be made to wait for an indefinite time and suffer financially.
Delayed Payment – Opposite Party shall not charge any interest for delayed payment or holding charges in view of the admitted delay on its part.
The court affirmed the consumer's rights to compensation for delayed possession despite objections on consumer status after possession was claimed.
Holding Charges – If an allottee fails to take possession, when offered by the company, the allotee shall be liable to pay holding charges.
Committed date - the committed date has to be reckoned from the date of the sanction of building plans which includes the date of approval of the fire safety scheme.
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