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INDER JIT SINGH, SUDHIR KUMAR JAIN
Mona Arora – Appellant
Versus
S. S. Group Pvt. Ltd. – Respondent
ORDER :
Dr. Inder Jit Singh, Presiding Member.—The present Second Appeal (SA) has been filed by the Appellant against the Respondent as detailed above, under section 51 (2) of Consumer Protection Act 2019, against the order dated 25.03.2025 of the State Consumer Disputes Redressal Commission Haryana (hereinafter referred to as the ‘State Commission’), in First Appeal (FA) No. 480 of 2022 in which order dated 21.07.2022 of Gurgaon District Consumer Disputes Redressal Commission (hereinafter referred to as District Commission) in Consumer Complaint (CC) no. 527 of 2020 was challenged, inter alia praying for:—
a. Setting aside the order dated 25.03.2025 of the state Commission
b. Directing the respondent/Developer to pay interest at the rate of 18% p.a. to the Appellant on the principal amount of Rs.50,36,473/- from the date of its deposit with the Respondent/Developer
c. Directing the respondent Developer to pay an amount of Rs.5,00,000/- to the Appellant on account of mental agony and harassment.
2. While the Appellant (s) (hereinafter also referred to as Complainant) was Appellant before the State Commission and Complainant before the District Commission, the Respondent was Re
(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.
One-sided contractual terms - Appellant-Builder cannot seek to bind the Respondent with such one-sided contractual terms.
“Since the possession of subject flats were not delivered within the stipulated time, allottee held entitled for refund of amount deposited with interest.”
One sided contract term – The Builder cannot seek to bind the Buyers with such one-sided contractual terms.
Right to claim refund - the complainant in the present circumstances have a legitimate right to claim refund alongwith fair delay compensation/interest from the OP.
(1) Contract - A term of a contract, will not be final and binding if it is shown that the consent to the said term was not really voluntary, if the person giving consent had no other choice. (2) Nom....
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