TABLE OF CASES ON BEHALF OF THE COMPLAINANT
Relevant
SN Case Title Ratio Bench
Para
1 Satish A term wherein builder 11 National
Kumar charges interest at 18% p.a. in the – Consumer
Pandey V. event of the delay on the part of the 13 Disputes
M/s buyer in making payment to him Redressal
Unitech but seeks to pay nominal Commission
Ltd. compensation of Rs.5/- per sq ft, New Delhi
i.e., about 2-3% of the investment (“NCDRC”)
(Dated:8 in case he defaults by not giving
June 2016) timely possession of the flat, is Hon'ble Mr.
wholly one-sided, unfair and Justice V. K.
unreasonable and no sensible Jain,
person will volunteer to accept Presiding
such a term. Member
Instead of paying nominal
compensation of Rs.5/- per sq ft,
the OP should pay adequate
compensation to the complainants
which would not only take care of
the additional financial burden on
them on account of the delay in
construction of the flat but will
also give some compensation to
them for the harassment and
mental agony.
12% interest p.a. from the
date of default in delivery till the
date of delivery of possession was
granted & 18% interest p.a. for
each day of delay beyond the time
stipulated in the order for
delivering possession was also
granted
2 Suman The possession of the booked 8 – 10, NCDRC
Nandi & apartments was to be given within 16, 18,
Others V. 30-36 months. However, even 19 Hon'ble Mr.
M/s. almost five years went by but the Justice Ajit
Unitech possession was not delivered. Bharihoke,
Limited & The complainants were held Presiding
Others entitled to 12% interest p.a. on the Member &
payment made by them for the Hon'ble Mrs.
(Dated:17 period of delay as compensation Rekha
Dec 2015) instead of highly unfair and Gupta,
meagre compensation of Rs. 5/- Member
per sq. ft., computed on the basis
of a clause in Buyer's Agreement.
3 Ms. Shweta All the pleas taken by the OP 6–8 NCDRC
Kapoor & were rejected. The OP did not
Anr., V. specify when, by which order and Hon'ble Mr.
M/s for how much period a Tribunal or Justice V.K.
Unitech Authority had stopped them from Jain,
Limited & completing the construction. The Presiding
Anr OP ought to have obtained all the Member &
requisite approvals and clearances Hon'ble Dr.
(Dated:17 before coming in the market for B.C. Gupta,
Dec 2015) accepting booking of the flats. If Member
some building material or water
was not available it was for them to
arrange building material and
water from alternative sources,
wherever it could be available.
The OP shall pay to the
complainants, compensation in the
form of simple interest @ 12% per
annum from the promised date of
delivery till the possession is
delivered.
If the opposite parties fail to
deliver the possession of the flat to
the complainants within one year,
they shall pay compensation in the
form of interest @ 18% p.a, for
each day delay beyond one year.
4 Jitendra Relied upon Satish Kumar 12 NCDRC
Balani vs Pandey (supra), Suman Nandi
M/S. (supra), Shweta Kapoor (supra) Hon'ble Mr.
Unitech 12% interest p.a. from the Justice V.K.
Ltd. date of default in delivery till the Jain,
date of delivery of possession was Presiding
(Dated: 8 granted & 18% interest p.a. for Member &
Feb 2016) each day of delay beyond the time Hon'ble Dr.
stipulated in the order for B.C. Gupta,
delivering possession was also Member
granted
5 Sumeet Relied upon Satish Kumar 17 NCDRC
Singh V. Pandey (supra), Suman Nandi
M/s. (supra), Shweta Kapoor (supra) Hon'ble Mr.
Unitech The opposite parties shall pay Justice V.K.
Limited & to the complainants compensation Jain,
Anr in the form of simple interest @ Presiding
12% per annum with effect from Member &
(Dated: 18 the expiry of the period stipulated Hon'ble Dr.
Jan 2016) in the Buyers B.C. Gupta,
Agreement/Allotment Letter for Member
offering possession to them till the
possession of the flats is actually
delivered to them
If the opposite parties fail to
deliver possession of the flats to
the complainants within the time
stipulated in this order, they shall
pay higher compensation to them
in the form of interest @ 18% per
annum for each day of delay
beyond the time stipulated in this
order for delivering possession of
the flat to them.
6 Amit Tyagi The plea that opposite party 4, 7 NCDRC
V. Unitech was prevented from undertaking
Hi-Tech construction activity on the subject Hon'ble Mr.
Developers plot because of farmers agitation Justice Ajit
Ltd. & 2 seeking enhanced compensation Bharihoke,
Ors. and develop plot in lieu of their Presiding
acquired land was rejected as no Member &
(Dated: 25 cogent evidence had been led in Hon'ble Mr.
Aug 2017) that regard. Anup K
Thakur,
Member
7 Developers There was no rub in 3,4, 35, NCDRC
Township constructing the houses/flats. The 37
Property OP has failed to bolster its case Hon'ble Mr.
Owners with any kind of evidence. It Justice J.M.
Welfare should have produced solid and Malik,
Society V. unflappable evidence to show that Presiding
Jaiprakash there was shortage of labour, Member &
Associates scarcity of water, restrictions in Hon'ble Dr.
Limited excavations, etc. S.M.
For the delayed period, the Kantikar,
(Dated: 02 OP is directed to pay interest @ Member
May 2016) 12% p.a., w.e.f. 39 months’ from
the date of respective provisional
allotment letters, till the actual
physical possession is handed over
by the OP.
8 Shri Defence raised by OP for 6, 14 NCDRC
Pradeep delay of about two months on
Narula & account of agitation by farmers Hon'ble Mr.
Anr., V. was rejected as there was no Justice V. K.
M/s evidence of the work at that Jain,
Granite particular site having been halted Presiding
Gate by the farmers, no affidavit of the Member
Properties contractor engaged by the opposite
Pvt. Ltd. & party for the construction of the
Anr., project had been filed to prove that
he had to halt the work for about
(Dated: 23 two months on account of agitation
Aug 2016) by farmers. Also, no affidavit by
any construction labourer had
been filed to prove that the
labourers were prevented by
farmers from carrying out
construction on the site for about
two months.
The opposite party shall
complete the construction in all
respects unless already complete,
obtain all the requisite approvals
including the occupancy certificate,
at its own cost and responsibility
and offer possession of the flat
booked by the complainants, to
them on or before the date
specified in the order.
The opposite party shall pay,
to the complainants, compensation
in the form of simple interest @
10% per annum w.e.f. from the
committed date of possession as
per the Buyers Agreement till the
date possession is offered to them
in terms of this order.
The balance amount, if any,
payable by the complainants, shall
be adjusted while paying
compensation in terms of this
order.
Submitted by:
Complainant
