Case Law Details
Alok Kumar Vs M/s. Golden Peacock Residency Private Limited & Anr. (National Consumer Disputes Redressal Commission, Delhi)
In the instant case the Complainants cannot be made to wait indefinitely for possession of the unit, as the construction is yet to be completed even after a period of more than 6 years has lapsed from the date of booking.
As the material on record evidences that the Complainant has paid a total amount of 4,12,98,926/- between 21.08.2012 to 03.09.2015 and as per Clause 12 of the Agreement which stipulates the promised the date of delivery of possession to be August 2016 and there is no progress with respect to construction and both the Opposite Parties have refused to accept notice, we are of the considered view that there is deficiency of service on behalf of both the Opposite However, since the amounts were paid to the Developer the liability is being fastened on the Developer i.e. M/s. Golden Peacock Residency Private Limited. The case against the Construction Company i.e. Homestead Infrastructure Development Pvt. Ltd. is dismissed.
In the result, this Complaint is allowed in part directing the Developer to refund 4,12,98,926/- with interest @ 12% p.a. from the respective dates of deposit till the date of realisation. This interest is being awarded as it is seen from the record that the Complainant has paid interest ranging between 10.10% to 10.50% to HDFC Bank Limited and has also undergone mental agony and monetary loss as the Developer not only could not complete the construction on time and deliver possession of the said flat but also could not give any further promise with respect to the future delivery of possession of the subject flat. We also find it a fit case to award costs of 25,000/-. This amount is directed to be paid within four weeks from the date of this order, failing which, the amount shall attract interest @ 14% p.a. for the same period.
Also Read-Buyer cannot be expected to wait Indefinitely for Possession
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