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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
GURVINDER SINGH GILL, RAMESH KUMARI
Balbir Singh – Appellant
Versus
National Consumer Dispute Redressal Commission – Respondent
| Table of Content |
|---|
| 1. modification of interest due to delayed possession. (Para 1 , 2 , 3) |
| 2. court's reasoning on the modification request and dismissal of petition. (Para 4 , 5 , 8 , 9 , 11) |
| 3. arguments regarding the interest rate and applicable agreement terms. (Para 6 , 7 , 10) |
JUDGMENT :
GURVINDER SINGH GILL, J.
1. The petitioners - Balbir Singh and Sunita Punia (allottees) seek modification of order dated 20.3.2024 (Annexure P-28) passed by National Consumer Disputes Redressal Commission (hereinafter referred to as “the NCDRC”) so as to seek increase in rate of interest as awarded from 9% p.a. to 18% p.a. for delayed possession of the flat in question. Another prayer made in the instant petition is that respondents No.3 to 5 i.e. the builders/developers be burdened with recurring cost to be paid to the petitioners as had been imposed by this Court in CWP-14082-2024.
2. The petitioners had applied for allotment of a flat in ‘Apartment D-2 in Tower/Block-D, Casa Homes’ situated at Kharar – Landran Road, Sector - 115 Mohali, which was allotted to them vide allotment letter dated 7.4.2018 (Annexure P-2), however, despite the petitioners having made requisite payments they were not given
The court found no basis for modifying the interest rate and additional costs due to insufficient grounds and lack of contractual entitlement for increased interest on delayed possession.
(1) Plot Buyer Agreement – Objective of granting compensation cannot be altered such that it amounts to a windfall gain to other party – Before compensation can be granted by NCDRC, actual loss must ....
Housing – A home buyer cannot be compelled to take possession of flat after a long time – High rate of interest cannot be awarded on refund amount.
Builder is bound to complete construction and hand over possession of flat to buyer within stipulated time. Burden would lie on developer to explain steps taken to comply with contractual stipulation....
(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....
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-....
Flat Buyer’s Agreement – Denial of timely possession despite substantial payment – Payment of interest on refund of principal amount is necessary.
Consumer service agreements may not curtail statutory jurisdiction of consumer forums, which can award compensation beyond stipulated contractual terms if deemed unfair.
Non-availability of the Occupancy/Completion Certificate points to the deficiency on the part of the Appellant.
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