NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI
S. J. Mukhopadhyay, J
Aseem Mathur v. Parsvnath Developers Ltd.
| Table of Content |
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| 1. the complainants booked a flat and made payments but faced delays. (Para 2 , 3) |
| 2. the complaints limited their claim to repayment of principal. (Para 4 , 5) |
| 3. delay in possession confirmed as deficiency in service. (Para 6 , 9) |
| 4. ruling confirms consumer's entitlement to refund with interest. (Para 11 , 12) |
2. The brief facts of the case are that the complainants had booked a residential flat with the opposite party in the project on 4.4.2006 by paying a booking amount of Rs 11,53,200 under a Construction Linked payment Plan. As per Flat Buyer Agreement (hereinafter ˜Agreement) executed on 4.4.2006 between the parties, Flat No. D5-403 admeasuring approximately 2810 sq ft was allotted to the complainants for a total sale consideration of Rs 1,15,32,000 and then the area was revised and increased to 2895 sq ft. Possession of the flat was promised as perclause 10 (a) of the Agreement within a period of 36 months with a grace period of 6 months, i.e. by April 2009. Between 26.4.2006 and 28.2.2008 a total sum of Rs 1,11,55,630 was deposited by the complainants in various instalments with the opposite party under the payment plan. However, despite timely payments, the c
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