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2023 Supreme(Online)(Del) 18253

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI
Mr. S. K. Pande, J
Smt. Roshni Khanna and Rajesh Khanna – Appellant
Versus
M/s. Shipra Estate Limited & Jai Kishan Estate Developers Pvt. Ltd. – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Kishan Rawat
For the Respondents: Mr. Chaitanya, Mr. Shantanu Krishna

Table of Content
1. undue delay in possession and compensatory obligations of builders. (Para 2 , 3 , 4)
2. responses to complaints and evidentiary submissions. (Para 6)
3. judicial reasoning regarding builders' claims of force majeure. (Para 7 , 8)
4. affirmation of homebuyers' rights to accepted possession post completion. (Para 9)

1. Heard Mr. Kishan Rawat, Advocate, for the complainants, Mr. Chaitanya, Advocate, for opposite party - 1 and Mr. Shantanu Krishna, Advocate, for opposite party - 2.713/23, 3.23 p.m.

2. Smt. Roshni Khanna and Rajesh Khanna have filed CC / 844/2016, for directing the opposite parties to (i) handover possession of the flat allotted to them, complete in all respect within reasonable period and execute Flat Buyer's Agreement and Maintenance Agreement, in their favour; (ii) pay delay compensation in the form of interest @21% per annum on their deposit from January, 2009 till actual handing over possession; (iii) restrain the opposite parties from charging interest on the balance amount for delayed or deferred period; (iv) restrain the opposite parties from realizing any amount for power backup, club membership, sinking fund and other charges, mentioned in the st










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