2024-04-14 18:04:58
New Delhi: The Delhi State Consumer Dispute Redressal Commission (DSCDRC) has termed the delay in giving possession of flats sold at the basic sale price and additional demands made by the builder from the buyer as unfair, illegal and arbitrary. The Commission gave the couple possession of their flat from the concerned builder on the basis of builder-buyer agreement. Also, a compensation of Rs 2 lakh was given for mental distress and Rs 50 thousand were given separately as litigation expenses. A three-member bench headed by Justice Sangeeta Dhingra Sehgal has recently given this decision. The Commission found that the complainants have not yet received possession of the flat. The couple had booked a flat in a project named Aravali Heights in Dharuhera, Haryana in 2007. An agreement was signed between Dwarkadhish Project Private Limited (Builder) and Nalin and Anita Sharma on 18 February 2008. The project was to be completed within three years. However, the builder failed to complete the work within the stipulated period. After this, he sent an offer letter to the couple for possession on the basis of partial occupation certificate on February 28, 2013 with unreasonable demands. This also included interest for alleged delayed payment by the couple, which the Commission found incorrect.
The commission said in its judgment that it is clear from the records that the complainants had opted for the construction linked plan, where they had to pay only 95% of the total price along with EDC and IDC till 2011. Which he had done. Yet the builder kept sending them demand letters with additional demands. No clear reason was given for this. There was no mention of electricity and water connection charges in the buyer’s agreement.
The Commission said that in such a situation it can be assumed that they were included in the basic price, hence the complainant was not bound to pay these charges. The Commission said, it is unfair and illegal for the builder to make demands like service tax, interest, penal interest, IFMS, maintenance charge/holding charge from the complainant. Because there was delay on the part of the builder in construction and giving possession of the flat. The couple is left to pay only the club membership, car parking charges and insurance costs. As soon as their payment is made, the builder has to give them the possession of the flat within a month. The commission also pulled up the builder for delaying the construction work on the concerned project.