Consumers entitled to rightful possession and compensation for delays. Unilateral contract terms deemed unfair and legally unenforceable, obligating the builder to meet contractual obligations.

JUDGMENT

AVM J. RAJENDRA, AVSM VSM (Retd.), MEMBER

1. The present Consumer Complaints No.3751 of 2017, 3752 of 2017; 3753 of 2017 & 3754 of 2017 have been filed under Section 12 (1)(b) of the Consumer Protection Act , 1986 (“the Act”) against the Opposite Parties seeking to direct the OPs:-

CC No. 3751 of 2017

i. Deliver to Consumers legal possession of their respective flats with registered conveyance without raising illegal demands;

ii. Direct OP to revoke illegal demands raised on the pretext of alleged increased in Saleable Area;

iii. Direct OP to revoke illegal demands raised on the pretext of Escalation;

iv. Direct OP to refund charges collected on account of parking along with interest @ 15% from the date of payment till the date of refund;

v. Pay to Consumers compensation for the delay in delivery of possession of their apartments quantified as interest @15% per annum on the amounts paid to OP, from the date of each payment till the date of delivery of legal possession;

vi. Direct OP to compensate the Consumers for increase in tax liabilities on account of delay in completion including the levy of GST;

vii. Direct OP to construct the approach roads to the project and install the electricity, water and sewerage connection to make the apartments habitable and till then not to charge any maintenance charges from Consumers;

viii. Direct OP to pay a sum of Rs. 10,00,000 for depleting the value and utility of the apartments by unilateral design changes;

ix. Pay a sum of Rs. 5,00,000/- to each Consumer as compensation for mental suffering and harassment;

x. Pay a sum of Rs.5,00,000/- (rupees five lakhs only) to each Consumer as compensation unfair trade practices.

xi. Pay a sum of Rs.50,000/- toeach Consumer to reimburse the legal costs and expenses.

CC No. 3752 of 2017

i. Deliver to Consumers legal possession of their respective flats with registered conveyance without raising illegal demands;

ii. Direct OP to revoke illegal demands raised on the pretext of alleged increased in Saleable Area;

iii. Direct OP to revoke illegal demands raised on the pretext of Escalation;

iv. Direct OP to refund charges collected on account of parking along with interest @ 15% from the date of payment till the date of refund;

v. Pay to Consumers compensation for the delay in delivery of possession of their apartments quantified as interest @15% per annum on the amounts paid to OP, from the date of each payment till the date of delivery of legal possession;

vi. Direct OP to compensate the Consumers for increase in tax liabilities on account of delay in completion including the levy of GST;

vii. Direct OP to construct the approach roads to the project and install the electricity, water and sewerage connection to make the apartments habitable and till then not to charge any maintenance charges from Consumers;

viii. Direct OP to pay a sum of Rs. 10,00,000/- (rupees ten lakhs only) for depleting the value and utility of the apartments by unilateral design changes;

ix. Pay a sum of Rs. 5,00,000/- (rupees five lakhs only) to each Consumer as compensation for mental suffering and harassment;

x. Pay a sum of Rs.5,00,000/- (rupees five lakhs only) to each Consumer as compensation unfair trade practices.

xi. Pay a sum of Rs.50,000/- to each Consumer to reimburse the legal costs and expenses.

CC No. 3753of 2017

i. Deliver to Consumers legal possession of their respective flats with registered conveyance without raising illegal demands;

ii. Direct OP to revoke illegal demands ra