SUDIP AHLUWALIA, SADHNA SHANKER
Omaxe Chandigarh Extension Developers Pvt. Ltd. – Appellant
Versus
Bharat Wahi – Respondent
ORDER
Sudip Ahluwalia, Member.—This Appeal has been filed against the impugned Order dated 04.07.2019 in Consumer Complaint No. 448 of 2018, passed by the State Consumer Disputes Redressal Commission, U.T., Chandigarh, vide which, the Complaint filed by the Respondent was partly allowed with the following directions -
“22. For the reasons recorded above, this complaint is partly accepted, with costs. Opposite parties no.1 to 3, jointly and severally, are directed as under: -
(i) To execute and get registered the sale deed, in respect of the unit, in question, in favour of the complainant, possession of which had already been delivered on 14.04.2019 during pendency of this complaint, within three months, from the date of receipt of a certified copy of this order, on payment of registration and stamp duty charges, by him to the Registering Authorities.
(ii) To pay compensation, by way of interest @12% p.a., on the entire deposited amount, to the complainant, from 11.08.2015 (30 months from 12.02.2013, the date, by which 95% of the basic sale price stood received by opposite parties no.1 to 3) till 14.04.2019 (the date when possession delivered), within two months, from the date
:(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 ....
The court confirmed the right to interest for delayed possession, noting the absence of force majeure and completion certificate.
Non-availability of the Occupancy/Completion Certificate points to the deficiency on the part of the Appellant.
One sided contract term – The Builder cannot seek to bind the Buyers with such one-sided contractual terms.
One-Sided Clauses are Not Binding – When a builder charges high penal interest for payment defaults by the buyer, providing a significantly lower compensation for their own breach constitutes a “one-....
(1) Apartment Buyer’s Agreement – Developer cannot compel apartment buyers to be bound by one-sided contractual terms contained in Apartment Buyer’s Agreement.(2) Offer of possession without completi....
Multiple compensations – Multiple compensations for singular deficiency is not justifiable.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.